In late 2020, the U.S. EPA published its decision to remove a decades-old nuisance provision from Ohio’s Clean Air Act State Implementation Plan (SIP). The OMA and its business allies had previously engaged on the issue, arguing that the nuisance rule did not have a reasonable connection to the attainment of the National Ambient Air Quality Standards (NAAQS) — and the U.S. EPA erred earlier by approving it as part of Ohio’s SIP. Clearly, the Trump-era U.S. EPA agreed.
Despite this significant regulatory win, environmental groups filed with the Sixth Circuit Court of Appeals, seeking review of the final rule. Fortunately, late last month, the Ohio EPA filed its brief, siding with the U.S. EPA’s final rule and business groups like the OMA. (The OMA filed its brief May 2.) 5/5/2022