generation, and lives while lower courts consider a legal challenge to strict new regulations that President Joe Biden is trying to impose.
Regulatory law is complicated, and several states are challenging tighter rules on airborne emissions that the wind carries into other states. The new rules, which came suddenly into force in February 2022 without warning, immediately nixed emissions plans in 19 states and several more since. The EPA decided that state plans were faulty even though the statutory time limit had passed for the EPA to object to them.
Almost all affected states challenged the EPA’s actions in various ways and jurisdictions. Result: The appellate courts for the 4th, 5th, 6th, 8th, 9th, 10th, and 11th circuits blocked the EPA’s edicts from going into effect. All said, the EPA was probably out of line. But a large group of plaintiffs, including three states — Ohio, Indiana, and West Virginia — filed a separate suit in the U.S.
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