Vacatur Of Clean Air Rule Creates Uncertainty

Law360, New York (July 18, 2008, 12:00 AM EDT) -- On July 11, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit or the Court) vacated the entire Clean Air Interstate Rule (CAIR), holding that the CAIR has “more than several fatal flaws.” North Carolina v. EPA, No. 05-1244, Slip Op. (D.C. Cir., July 11, 2008).

Background On The CAIR

The Environmental Protection Agency (EPA) promulgated the CAIR in 2005 to address the interstate transport of sulfur dioxide (SO2) and nitrogen oxides (NOx) emissions, and the impact of such transport on the...
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