Law360, Los Angeles (August 08, 2012, 7:48 PM ET) -- The Tenth Circuit on Monday backed up a U.S. Environmental Protection Agency rule that forced Utah to revise a provision allowing companies to exceed federal air emission limits if their equipment malfunctions unexpectedly.
The three-judge panel said the EPA was within its authority when it threatened to take over aspects of Utah's air quality program unless the state changed its so-called unavoidable breakdown rule, which allows companies to avoid government enforcement actions if facilities suffer unexpected and unavoidable equipment malfunctions.
The rule had been challenged by...
EPA Can Make Utah Revise Emissions Rule, 10th Circ. Says
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