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On Friday Jan. 29, 2021, the United States Court of Appeals for the D.C. Circuit in
Sierra Club v. EPA, Case No. 15-1465, struck down several provisions in EPA’s 2018 rule implementing the 2008 National Ambient Air Quality Standards (NAAQS) for ozone (the 2018 Implementation Rule) under the Clean Air Act (CAA). The court vacated three provisions of this rule, including (1) the ozone precursor interpollutant trading program; (2) an option for states to demonstrate reasonable further progress of NAAQS attainment through compliance with control measure requirements, rather than models based on actual emissions data; and (3) a provision allowing states to include already implemented measures as contingency measures in their state implementation plans (SIP). The court’s opinion vacating these three provisions has important implications for Colorado as it continues to confront ozone nonattainment along the Front Range.