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CAIR: A Journey Revisited — Part II

Law360 (February 11, 2009, 12:00 AM EST) -- As we discussed in a previous article ("CAIR: A Journey Revisited — Part 1"), on Dec. 23, 2008, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) remanded the Clean Air Interstate Rule (“CAIR”) to the U.S. Environmental Protection Agency (“EPA”).[1]

With this decision, CAIR remains in place and effective while EPA works to develop a regulation that accomplishes the intended environmental goals while at the same time addresses and remedies the flaws cited by the court in...
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