D.C. Circuit Overturns Tough EPA Clean Air Rule

Law360, New York (July 11, 2008, 12:00 AM EDT) -- A federal appeals court struck down one of the Bush administration's toughest clean air protections on Friday, finding that the U.S. Environmental Protection Agency had committed several “fatal flaws” when it adopted the rule and handing a victory to several electric utilities and a blow to environmentalists.

In a unanimous decision, the U.S. Court of Appeals for the District of Columbia Circuit sided with arguments by a number of power providers opposing parts of the Clean Air Interstate Rule, which would have directed 28 eastern states...
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