10th Circuit:  EPA Erred In Permitting Certain Air Quality Exclusions

(September 21, 2023, 1:27 PM EDT) -- DENVER — The U.S. Environmental Protection Agency acted contrary to law by permitting Colorado to exclude “temporary emissions” from its State Implementation Plan (SIP) regarding air quality standards in the Denver area because the federal regulations implementing the Clean Air Act (CAA) do not permit such exclusions, a majority of a 10th Circuit U.S. Court of Appeals panel found in partly granting an environmental group’s petition for review of an EPA final rule....