Environmental & Energy
Aug. 6, 2026
9th Circuit rejects EPA's San Joaquin Valley air pollution plan, dissent warns of 'regulatory freefall'
A divided 9th Circuit held that the EPA unlawfully approved California's particulate-matter contingency plan by relying on a feasibility rationale not found in the Clean Air Act. The dissent warned the decision could force states to adopt impossible pollution controls or face federal sanctions, including the potential loss of highway funding.
A sharply divided 9th Circuit ruled Wednesday that the U.S. Environmental Protection Agency unlawfully approved California's backup plan for reducing particulate pollution in the San Joaquin Valley, over a dissent warning the decision could force states to adopt impossible pollution controls or face escalating federal sanctions, including the potential loss of highway funding.
In a 2-1 decision, the panel held that EPA exceeded its authority under the Clean Air Act by approving...
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