DC Circ. Orders EPA To Revisit Bush-Era Smog Rule

Law360, New York (July 13, 2009, 12:00 AM EDT) -- A federal appeals court has ordered the U.S. Environmental Protection Agency to reconsider parts of a Bush-era smog ruled that allows plants to purchase pollution rights from other companies rather than install modern emission controls.

The U.S. Court of Appeals for the District of Columbia Circuit on Friday said participation in the regional cap-and-trade program for nitrogen oxide was not sufficient to satisfy a requirement that plants in highly polluted areas reduce emissions using reasonably available control technology.

The appeals court also found that the EPA...
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