New York v. McCarthy (2017)

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Multi-state lawsuit challenging EPA failure to act on petition requesting that the agency regulate ozone pollution from sources in upwind states.

Citation: New York v. McCarthy, No. 1:16-cv-07827 (N.Y.S.D. 2017)

Topic: Air Pollution

Type of action: Lawsuit vs. Federal Government

States involved: Connecticut, Massachusetts, New Hampshire, New York, Rhode Island, Vermont (Delaware, Maryland and Pennsylvania participated in initial petition but did not join the lawsuit)

Summary: In 2013, nine states filed a petition with EPA under section 176A of the Clean Air Act, requesting that the Agency add upwind states to the Ozone Transport Region, which would require the added states to take pollution-reducing actions consistent with those in downwind states. EPA is required to take action on such a petition within 18 months. In 2016, when EPA failed to take action on the petition, six of the states filed suit in federal district court seeking to compel the agency to provide for notice and comment and a final decision on the petition. In January 2017, the district court entered a consent decree requiring EPA to open such notice and comment and reach a final decision by October 27, 2017.

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