Law Commons^™

Michigan V. Epa: Interstate Ozone Pollution And Epa's "Nox Sip Call", Patricia Ross Mccubbin

Patricia Ross McCubbin

This article addresses one of the most important rules written by EPA under the Clinton Administration to implement the federal Clean Air Act--EPA’s highly controversial demand that twenty-three states reduce emissions of nitrogen oxides to help alleviate ozone pollution in downwind states. That rule, the so-called “NOx SIP Call,” was upheld in all major respects by the U.S. Court of Appeals for the D.C. Circuit in Michigan v. EPA. As this article explains, the court’s decision established important principles for future interstate air pollution disputes, including the ongoing litigation about EPA’s Clean Air Interstate Rule (CAIR). In particular, the article …