DC Circ. May Clarify Carbon Capture Rules — Or Not

Law360, New York (March 31, 2015, 12:08 PM EDT) -- Climate change presents an array of complex challenges for the U.S. government. As the U.S. Environmental Protection Agency tries to loosen, if not untie, this Gordian Knot, some in the regulated community worry the EPA is replacing it with a noose. On March 26, in Carbon Sequestration Council, et al. v. EPA, et al.,[1] the D.C. Circuit heard oral argument on the most recent industry challenge to an EPA rulemaking related to climate change. The petitioners claim the EPA exceeded its authority when it interpreted "solid waste" under the Resource Conservation and Recovery Act to include carbon dioxide sequestered underground using...

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