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Enviros Fight EPA Waiver Of Clean Air Regs In DC Circ.

Law360, New York (May 12, 2011, 1:49 PM EDT) -- The Natural Resources Defense Council told the D.C. Circuit on Thursday that the U.S. Environmental Protection Agency cannot waive requirements of the Clean Air Act to fill a legislative gap in the statute, as it did in recently issued guidance.

The NRDC is challenging the EPA's recent decision to waive the requirements of the act's Section 185, which allows the agency to collect emission fees from major stationary sources of air pollution in an extreme or severe ozone “nonattainment area” that fails to meet the one-hour...
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