EPA Jurisdiction Argument Fails In Boiler Rule Suit

Law360, New York (September 27, 2011, 5:28 PM EDT) -- A Washington federal judge on Tuesday refused to dismiss a Sierra Club suit over the U.S. Environmental Protection Agency's long-delayed boiler emissions rule, dismissing the EPA's argument that the delay was made under the Clean Air Act and belonged in a different jurisdiction.

The Sierra Club is challenging the EPA's decision in May to delay the implementation of CAA standards for industrial boilers and incinerators. The EPA had announced the rules in March, following a court order to do so during a decadelong legal battle, but...
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