CAIR: A Journey Revisited — Part I

Law360, New York (February 11, 2009, 12:00 AM EST) -- On Dec. 23, 2008, a three judge panel of the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued a decision remanding the Clean Air Interstate Rule (“CAIR”) to the U.S. Environmental Protection Agency (“EPA”).[1]

As a result, CAIR will remain in place and effective while EPA seeks to replace it with a rule that addresses the flaws cited by the court in its July decision vacating CAIR in its entirety.

The decision to remand the rule, rather than vacate it, provides...
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