Arkema, Solvay Win Challenge To EPA Rule In DC Circ.

Law360, New York (August 27, 2010, 3:59 PM EDT) -- A federal appeals court has vacated a recently finalized rule that did not allow Arkema Inc. and Solvay Solexis Inc. to switch the type of hydrochlorofluorocarbons they produce as they ratchet down production under an international clean air accord.

The disputed U.S. Environmental Protection Agency rule had an impermissibly retroactive effect on the chemical makers because the agency had previously allowed for the so-called interpollutant transfers, the U.S. Court of Appeals for the D.C. Circuit said Thursday in a 2-1 decision.

The ruling acknowledged that the...
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