DC Circ. Told EPA's CO2 Emissions Exemption Was Premature

Law360, Washington (April 8, 2013, 3:36 PM EDT) -- Environmental groups urged a D.C. Circuit panel on Monday to nix a U.S. Environmental Protection Agency rule exempting biomass-burning facilities from carbon dioxide emission limits under the Clean Air Act, saying the agency is ignoring congressional mandates to regulate the pollutant.

According to the Center for Biological Diversity, Conservation Law Foundation and Natural Resources Defense Counsel of Maine Inc., the EPA gave biomass power plants a permanent reprieve from carbon dioxide emission regulations before examining the consequences of increased CO2.

“Without vacature of this exemption rule,...
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