New York State v. McCarthy (2013)

Date: October 9th, 2013

Topic: Air Pollution

Type: Lawsuit vs. Federal Government

Jurisdiction: Connecticut, Maryland, Massachusetts, New York, Oregon, Rhode Island, Vermont

Citation: New York State v. McCarthy, No. 13-1553 (D.D.C. Oct. 09, 2013)

EPA is required to review New Source Performance Standards (NSPS) for wood burning devices every 8 years. These standards have not been reviewed since 1988. Following a spike in the purchase and use of outdoor wood boilers in the early 2000s, New York and 6 other states joined to compel EPA to review those standards. In a consent decree, EPA agreed to finalize a revised standard for wood heaters by no later than February, 2015.

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