DC Circ. Nixes EPA's Biomass Carbon Emissions Exemption

Law360, New York (July 12, 2013, 6:46 PM EDT) -- The D.C. Circuit on Friday struck down a U.S. Environmental Protection Agency rule temporarily exempting biomass-burning facilities from carbon dioxide emission limits in a 2-1 decision, granting a victory to environmental groups demanding a consistent federal greenhouse gas regulation policy.

Describing the EPA measure as arbitrary and capricious, the majority said that the government failed to explain why it is treating biogenic sources differently from other greenhouse gas emissions and vacated the deferral rule that gave biomass power plants a reprieve from carbon dioxide pollution standards....
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