DC Circ. Nixes States’ Challenge To Sulfur Dioxide Rule

Law360, New York (July 20, 2012, 3:46 PM EDT) -- The D.C. Circuit on Friday rejected a challenge by industry and several states to sulfur dioxide limits imposed by the U.S. Environmental Protection Agency, ruling the agency hadn’t arbitrarily imposed stricter limits than necessary and that the court lacked jurisdiction over the limits.

The petitioners — which include North Dakota, Nevada, Louisiana and Texas — had argued that a rule limiting 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...
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