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Tuesday, November 5, 2024

Supreme Court reviews Oklahoma's challenge against EPA over ozone emission regulations

State AG
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Attorney General Gentner Drummond | National Association of Attorneys General Website

Attorney General Gentner Drummond has expressed approval of the U.S. Supreme Court's decision to review Oklahoma's lawsuit against the Biden-Harris Administration. The case involves a dispute over the rejection of Oklahoma’s state implementation plan (SIP) for ozone emissions.

In March 2023, Drummond filed a federal lawsuit in the U.S. Court of Appeals for the Tenth Circuit challenging the Environmental Protection Agency's (EPA) disapproval of Oklahoma’s "Good Neighbor" plan related to ozone emissions. Earlier this year, the Tenth Circuit transferred the case to the D.C. Circuit, prompting Drummond to seek certiorari from the Supreme Court regarding venue issues. The Supreme Court granted certiorari after recognizing a discrepancy between decisions made by different circuit courts on this matter.

Drummond criticized the EPA’s rejection of Oklahoma’s SIP, stating it represents an unlawful extension of federal power. He commented, “Instead of working with Oklahoma to make whatever modifications the EPA claimed were necessary, the Biden Administration chose to burden the state with an unwieldy and costly one-size-fits-all plan. The EPA ignored the expertise of Oklahoma’s Department of Environmental Quality, all at the expense of state sovereignty.”

The EPA not only disapproved Oklahoma's plan but also implemented a rule requiring adherence to a federal plan by multiple states including Oklahoma. This federal implementation would impose stringent emission standards on several sources like fossil fuel-fired power plants across 25 states.

The Department of Environmental Quality had designed Oklahoma's plan to meet Clean Air Act standards addressing downwind ozone emissions.

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