Maryland Plans to Sue Trump Administration After EPA Denies Air Emissions Request

Baltimore Sun article (2018-09-17) reported that Maryland will challenge a recent decision of the United States Environmental Protection Agency (EPA) denying Maryland’s request for limitations on coal plant emissions from upwind states. EPA’s decision marks a setback in the Maryland Department of the Environment’s efforts to curb significant amounts of ozone pollution that migrates from other states.

An estimated 70 percent of Maryland’s ozone pollution originates in other states. In response, Maryland petitioned EPA under the federal Clean Air Act to require coal power plants in 5 states to run already installed ozone emission controls between the months of May and September. Affected states include Indiana, Kentucky, Ohio, Pennsylvania, and West Virginia. Maryland submitted its petition in November of 2016 and EPA initially proposed denying the petition in May of 2018. EPA finalized its denial on September 14.

The article noted that Maryland will challenge EPA’s denial in federal appeals court. From the article:

Now, “litigation is the next step,” said Ben Grumbles, secretary of the Maryland Department of the Environment. …

The “EPA’s decision is wrong,” [Maryland Attorney General Brian] Frosh said. “If it is allowed to stand, the air Marylanders breathe will be dirtier, especially on the hottest days of the summer — through no fault of ours.”

The article also stated that most of Maryland’s congressional delegation support the State’s legal appeal.

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