The state of Arizona lost its appeal Monday over improving visibility at federal parks.
The ruling against the state is in a case challenging emissions-control measures imposed by the Environmental Protection Agency. It’s also the third time the 9th Circuit Court of Appeals has rejected challenges on the issue. T
he latest ruling focused on technical challenges to the rules. The EPA determined it could do a better job of improving visibility so it replaced elements of the state plan.
In the latest appeal, the court said objections weren't properly made because those concerns weren't first raised with the EPA during a comment period.
The remaining challenges in the latest appeal centered on claims that the EPA was arbitrary when it imposed emission controls on a cement kiln and copper smelters.
The appeals court found the EPA didn't act arbitrarily when it imposed those measures and instead was engaged in valid rule-making.
