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Delaware says it will sue EPA over upwind air pollution

January 2, 2018

DOVER, Del. (AP) — Delaware officials say they intend to sue the Environmental Protection Agency over its failure to rein in power plant emissions from other states that are blamed for air pollution in Delaware.

Officials said Monday that they intend to sue the EPA for not requiring power plants in Pennsylvania and West Virginia to reduce air pollution.

The litigation involves four petitions filed in 2016 by the Delaware Department of Natural Resources and Environmental Control. The petitions sought to have EPA require certain power-plant units in upwind states to use air pollution controls to reduce emissions.

State officials contend that ground-level ozone, or smog, has been one of Delaware’s most challenging air pollution problems, and that more than 90 percent of the ozone in Delaware originates from emissions in upwind states.

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