Date Filed: January 19, 2021
Original Court: U.S. Court of Appeals for the D.C. Circuit
Case Status: Voluntarily remanded to agency
In 2020, the EPA completed its five-year review of the standards for ozone, deciding to keep them at current levels. Left wing states objected, arguing that EPA should have increased the standards.
Rightfully fearing that the Biden administration would not adequately defend the regulation, Texas, Arkansas, Missouri, Mississippi, Louisiana, and Montana intervened to defend it on February 18, 2021. CAF is serving as special counsel for Texas, and lead counsel for the entire coalition.
Thanks to the efforts of Texas and five other liberty-loving states, the regulation remains in place. EPA decided to restart its five-year review process and asked the court to remand its 2020 review to the agency. The 2020 standard will remain in effect until EPA completes this lengthy review process.
Case Documents:
Motion for Leave to Intervene States of TX, AK, LA, MS, MO, & MT
Order Granting Motions for Leave to Intervene