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The U.S. Court of Appeals for the District of Columbia Circuit has allowed New York Attorney General Barbara Underwood to intervene in a 2017 case against the U.S. Environmental Protection Agency for not upholding a part of the Clean Air Act, according to a news release.

The case argues the EPA should order 36 coal-fired power plants upwind to turn on pollution control devices to keep smog from polluting neighboring states, including New York. In a press release, Underwood had said 9.4 million New Yorkers are breathing in unhealthy air.

Underwood announced last week that she would file a motion on behalf of New York, New Jersey and New York city to intervene, which the court granted.

"We are very pleased that Attorney General Underwood has won party status in this case," said William C. Janeway, executive director of the Adirondack Council, in a news release. "Her Environmental Protection Bureau's team of scientists and attorneys is unmatched in the nation. Its assistance will be a great benefit to our case. We thank the court for accepting her request."

— Gwendolyn Craig

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Reporter Gwendolyn Craig can be reached at (518) 742-3238 or gcraig@poststar.com. Follow her on Twitter @gwendolynnn1

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