States, Industry Groups Decry EPA Sulfur Rule In DC Circ.

Law360, New York (September 13, 2011, 6:35 PM EDT) -- North Dakota, Nevada, Louisiana, Texas and industry groups said in a petition to the D.C. Circuit on Tuesday that the U.S. Environmental Protection Agency violated the Clean Air Act when implementing new sulfur dioxide limits.

The states said that the rule, which limited sulfur dioxide concentration in air to 75 parts per billion, must be thrown out because the EPA never submitted its method for implementing the standard for public comment, as required by the CAA. In the final rule, the EPA demanded that states use...
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