US plans to reduce nitrogen oxide emissions | Norton Rose Fulbright
A federal appeals court declined on October 29 to reconsider an earlier decision to send the Environmental Protection Agency back to the drawing board on efforts to force states to start implementing plans to reduce power plant NOx emissions by an average of 60% to 75% from 1990 levels by May 2003. The court said last May that the rules the government has proposed in this area are unconstitutional.
The Environmental Protection Agency is expected to appeal to the US Supreme Court. Even if it wins on further appeal, the latest decision probably delays until 2005 at the earliest any implementation of the EPA rules.