The Obama Administration, after stopping the implementation of the Bush-era ozone standard, has delayed choosing a revised standard three times. These delays had given hope that EPA may wait to choose a revised standard until after the election.
In conversations with representatives for industry most impacted by the revised ozone standards, they told me they thought the Administration was positioning
Back in 2007, U.S. EPA was sued by some States and environmental groups who challenged the legitimacy of the ozone standard -75 parts per billion (ppb)- selected by the Bush Administration. In 2009, the Obama Administration announced that it was reconsidering the 75 ppb standard.
A group of eight states and conservation groups ("Plaintiffs") have been pushing a massive federal nuisance claim against utilities. The Plaintiffs claim that major emitters of carbon dioxide in twenty states have created, contributed to, or maintained a common-law public nuisance by contributing to global warming thereby injuring States and landowners feeling the impacts of climate change. (
As reported in the