DC Circ. Rejects EPA Waiver Of CAA Emission Fees

Law360, New York (July 1, 2011, 6:05 PM EDT) -- The D.C. Circuit on Friday vacated the U.S. Environmental Protection Agency's decision to waive certain emission fee requirements under the Clean Air Act, ruling that the agency's guidance addressing the issue should have gone through a formal rulemaking process.

In vacating this guidance, the three-judge panel sided with the Natural Resources Defense Council, which petitioned the appellate court to review a January 2010 guidance issued by the EPA that waived the requirement of the CAA's Section 185.

That section allows the agency to collect emission fees...
To view the full article, register now.