DC Circ. Ruling Warns EPA To Rein In Emissions Rulemaking
By Keith Goldberg
Law360, New York (July 16, 2013, 9:02 PM EDT) -- The D.C. Circuit's decision last week to nix a U.S. Environmental Protection Agency rule giving biomass power plants a temporary exemption from carbon dioxide emission standards serves as a warning that the federal appeals court will grant the agency little leeway to craft new greenhouse gas rules, experts say.
In a 2-1 ruling, the majority said the government had failed to explain why it was treating biogenic sources of greenhouse gas emissions differently than other sources, and vacated the rule giving biomass power plants a reprieve from...