DC Circ. Nixes Appeal Over Pollution Credit Transfers

Law360, Los Angeles (January 22, 2013, 7:56 PM EST) -- The D.C. Circuit on Tuesday tossed a challenge by Honeywell International Inc. and DuPont Co. to the U.S. Environmental Protection Agency's approval of pollution credit transfers between two competitors, saying it had already ruled the transfers were legal.

A three-judge panel said that because it had found the allegedly improper transfers between Arkema Inc. and Solvay valid under the Clean Air Act in a previous case, the transfers had to stand. The EPA approved the transfers after the two chemicals companies sued it in 2009....
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