The Ohio Chamber, along with other statewide associations, formally requested a motion for leave to intervene in the Natural Resources Defense Council’s (NRDC) 6th Circuit appeal challenging Ohio’s New Source Review (NSR) State Implementation Plan (SIP). The NRDC is arguing that the rule violates the “anti-backsliding" provisions contained in the Clean Air Act. Motions to intervene were also filed by the Ohio EPA, Utility Air Regulatory Group and Clean Air Implementation Project. 

In addition to the formal legal challenge, NRDC has also petitioned US EPA for a “reconsideration” of its approval of Ohio’s rule. NRDC also sought a reconsideration and stay of certain parts of Wisconsin’s NSR SIP. On January 20, US EPA formally denied NRDC’s request to reconsider Wisconsin’s rule. Might there be a similar determination for Ohio?  

The regulations being attacked were intended to assist business and industry maintain jobs and improve the environment.