CAA Trumps Ohio Emissions Exemptions: Judge

Law360, New York (February 3, 2010, 5:40 PM EST) -- An Ohio law mandating that businesses employ best available technology for emissions controls partially violates the Clean Air Act, while other parts are preempted by the CAA, a federal judge has ruled in the Sierra Club's suit against the director of the Ohio Environmental Protection Agency.

Magistrate Judge Mark R. Abel of the U.S. District Court for the Southern District of Ohio on Tuesday reversed his own prior holding that citizen suits cannot be levied against the state as a regulator that failed to enforce the...
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