Industry weighs taking Obama ozone pollution case to Supreme Court.

November 26, 2019

Energy companies and business groups are considering asking the Supreme Court to review Obama-era standards for ozone pollution according to a November 12, 2019 Bloomberg Report.

The U.S. Chamber of Commerce, American Petroleum Institute, and others on November 8, 2019 asked Chief Justice John Roberts for extra time to weigh appealing a lower court’s decision that largely upheld the EPA’s 2015 ozone caps.VOC smog chart

The U.S. Court of Appeals for the District of Columbia Circuit in August rebuffed challenges from the industry groups, energy companies and a coalition of mostly Republican-led states that said the Obama administration’s primary ozone standard of 70 parts per billion was too stringent.

If the opponents follow through on filing a petition and the Supreme Court accepts it, the case would be the most significant Clean Air Act dispute on the justices’ docket in years.

The industry parties are focused on two arguments: that pollution standards should be looser to account for “background ozone” that drifts across borders or forms from natural sources; and that the EPA should have considered “adverse economic, social and energy impacts” when crafting the measures.

The D.C. Circuit’s rulings on the ‘background’ issues and the ‘adverse impacts’ issues raise important questions of federal environmental law,” the industry parties said in their new filing. They are asking for a routine extension until Jan. 17 to file a Supreme Court petition.

What this means to you
Energy companies and business groups are considering asking the Supreme Court to review Obama-era standards for ozone pollution.

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