Oklahoma v. United States Environmental Protection Agency

BRISCOE, Chief Judge.

In these consolidated petitions for review, petitioners1 challenge a final rule promulgated by the United States Environmental Protection Agency under the Clean Air Act. The petitioners argue that the EPA impermissibly rejected Oklahoma’s plan to limit the emissions of sulfur dioxide at Oklahoma Gas and Electric Company power plants and replaced it with its own more stringent regulations, which petitioners contend usurped the state’s authority and will require sizable expenditures on unnecessary technology. We conclude that the EPA has authority to review the state’s plan…