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ARTICLE · 10 OCTOBER 2023

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State AG Updates: August 24-September 6, 2023

Crowell & Moring LLP
Crowell & Moring LLP
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Crowell & Moring LLP

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Each week, Crowell & Moring's State Attorneys General team highlights significant actions that State AGs have taken. Here are this week's updates.

United StatesGovernment, Public Sector

Each week, Crowell & Moring's State Attorneys General team highlights significant actions that State AGs have taken. Here are this week's updates.

Multistate

  • A coalition of 10 state attorneys general, led by New York Attorney General Letitia James, submitted an amicus brief to the U.S. Court of Appeals for the Fifth Circuit in the case of Texas v. U.S. Environmental Protection Agency (EPA) supporting the EPA's decision disapproving Texas, Mississippi, and Louisiana's ("the States") state implementation plans (SIPs). EPA disapproved these SIPs for failing to satisfy the Clean Air Act's Good Neighbor Provision, which requires upwind States' SIPs to prohibit emissions that will contribute significantly to downwind states' nonattainment of or inability to maintain the federal ozone standards. The coalition's amicus brief counters the States' position by arguing that the Clean Air Act's cooperative federalism framework relies on the EPA's substantive role to

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