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William Yeatman of the Competitive Enterprise Institute discovered the details after a Freedom of Information Act request produced 659 pages of EPA emails.
"WEG's lawsuit centered on the EPA's regional haze program to improve visibility, which was created by Congress, which gave the states, not EPA, primacy to choose their own standards and controls for regional haze," Yeatman told me. "A federal court confirmed that authority, so how did EPA take it away from them?" he asked.