States file opening brief in federal ozone rule challenge

United States Supreme Court Building
United States Supreme Court Building (AP)

MADISON, Wis. (AP) – A group of states has filed its opening brief in a federal lawsuit challenging the Obama administration’s new ozone limits.

The U.S. Environmental Protection Agency tightened the limits on ozone, a smog-forming pollutant linked to asthma and respiratory illness, to 70 parts per billion in October. A coalition of states including Wisconsin, Arizona, Kentucky, New Mexico, Arkansas, Louisiana, North Dakota, Oklahoma, Utah and Texas filed a federal lawsuit later that month challenging the rules.

The states filed their first brief with the U.S. Court of Appeals in Washington, D.C., on Monday arguing that the standards are unachievable and would require stopping human activity across large parts of the country, amounting to an abuse of agency discretion.

Federal attorneys have until July 22 to respond. provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Users who violate these terms, including use of vulgar language or racial slurs, will be banned. Please be respectful of the opinions of others. If you see an inappropriate comment, please flag it for our moderators to review.

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