9th Circ. Backs EPA's Sulfur Dioxide Limits For Montana

Law360, New York (January 20, 2012, 9:56 PM EST) -- The Ninth Circuit on Thursday denied Montana Sulphur and Chemical Co.'s challenges to the U.S. Environmental Protection Agency's limits for sulfur dioxide emissions in Montana.

A three-judge panel denied Montana Sulphur's two petitions for review of the EPA's actions, saying the agency had acted within its authority under the Clean Air Act when it objected to Montana's state implementation plan and instituted a federal implementation plan.

After reviewing the plans and Montana Sulphur's objections to them, the appeals court concluded that the EPA "did not act...
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