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Supreme Court to Review Jurisdictional Dispute Over EPA’s Smog Control Plan Amid State Challenges

The Supreme Court is considering a decision to freeze implementation of EPA’s latest good neighbor smog control plan. Utah and Oklahoma state are asking the court to address a jurisdictional issue regarding the 10th U.S. Circuit Court of Appeals, which transferred legal challenges to EPA’s earlier smog approval plans to the US Court for the District of Columbia Circuit. They argue that this decision conflicts with rulings from four other circuit courts, which found the disapprovals of these plans to be regional matters. The Supreme Court’s review is needed to resolve this issue.

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