Yesterday, Governor Mark Gordon, through the Attorney General’s office, submitted a petition for review of the Environmental Protection Agency’s (EPA) decision to defer action on the State of Wyoming’s state implementation plan (SIP) for ozone transport to the Tenth Circuit Court. This follows the March 14th petition by Wyoming to reconsider and stay the effect of the EPA’s deferral disapproval of the State’s plan. 

The petition illustrates how the EPA arbitrarily deferred Wyoming’s SIP by overlooking their own ozone modeling data and applying it differently to Wyoming than in their decisions on other states. 

“Wyoming is not a significant contributor to ozone pollution in our neighboring states. Data supports the work that went into our state plan,” Governor Gordon stated. “This is yet another example of this Administration picking and choosing examples which are intended to punish fossil energy-producing states.”

Governor Gordon previously discussed with EPA Administer Micheal Regan that the current ozone transport rule violates the principles of cooperative federalism, does not accommodate all forms of energy development, and is disproportionately applied to western states.