DC Circ. Lets EPA Rule Stand For Now Despite Flaws

Law360, New York (December 29, 2008, 12:00 AM EST) -- An appellate court has reversed its decision to vacate a rule governing the interstate transfer of sulfur dioxide and nitrogen oxide emissions, contending the rule must stand to protect public health while the federal government fixes flaws in the regulation.

On Dec. 23, the U.S. Court of Appeals for the District of Columbia Circuit denied the U.S. Environmental Protection Agency's request for a rehearing of the ruling that found “more than several fatal flaws” in the agency's Clean Air Interstate Rule.

The D.C. Circuit did, however,...
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