RECENT FEDERAL DECSIONS

July 2004

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Second Circuit Denies Challenge to New York’s Failure to Comply with National Ambient Air Quality Standards.
Environmental Defense v. United States Environmental Protection  Agency ,___F.3d___

On February 4, 2002 the U.S. Environmental Protection Agency (EPA) approved New York’s State Implementation Plan (SIP), which is the state’s plan for complying with the designated ambient air quality standards for pollutants such as ozone. Environmental Defense challenged SIP because Environmental Defense believes that the EPA’s approval of the New York model was arbitrary, capricious, an abuse of discretion, and otherwise not in accordance with law.