Indiana environmental groups are asking federal judges to end a Trump administration freeze on implementation of strengthened air toxics rules for integrated iron and steel mills.
In late March, EPA agreed to an industry request for a three-month stay of new pollution control requirements that were set to take effect within days, on the grounds that the agency was assessing administrative petitions to revisit various aspects of the regulations.
But in a motion for summary disposition filed Monday, Gary Advocates for Responsible Development and two other Hoosier organizations said that EPA officials lacked the authority for the freeze because the reconsideration proceedings are discretionary, not mandated by the Clean Air Act.
On that basis, the stay of the regulations “must be vacated as unlawful,” Earthjustice attorneys representing the groups told the U.S. Court of Appeals for the District of Columbia Circuit. As of Tuesday morning, EPA had not responded, according to an online court records system.
