States Move to Defend 2015 O3 NAAQS

July 6, 2017 – Seven states and the District of Columbia (collectively, the state movants) filed a motion in the U.S. Court of Appeals for the District of Columbia Circuit seeking to intervene in litigation challenging the National Ambient Air Quality Standards for ozone promulgated by EPA in 2015 (Case No. 15-1385, Murray Energy Corporation v. EPA).  All but one of the state movants previously filed an amicus brief in this case but now seek to change their party status to intervenor “[b]ecause of recent, concrete indications from EPA in a June 6, 2017 letter [to governors] and a June 28, 2017 Federal Register notice that it will no longer vigorously defend the 2015 Ozone NAAQS.”  The state movants go on to say that before these recent statements, EPA’s positions before the court were consistent with their interests and intervention was not necessary.  However, they say, “EPA’s recent official statements…signal its agreement with arguments advanced by the Industry and State Petitioners who seek to weaken the rule, contradict EPA’s own briefing to this Court, and are contrary to the positions State Movants took in their amicus brief” thus constituting good cause for the court to grant the State Movants intervenor status at this time.  In addition to DC, parties to this motion include California, Delaware, Massachusetts, New York, Rhode Island, Vermont and Washington.