EPA Finalizes Rescission Of 'Once In Always In' Polluter Policy

Law360 (October 1, 2020, 7:25 PM EDT) -- The U.S. Environmental Protection Agency on Thursday finalized its rescission of a 1995 policy that prohibited facilities like petroleum refineries and chemical plants that were considered to be a "major" polluter under the Clean Air Act from ever being recategorized as a less prolific polluter.

The new rule codifies a memo that was issued in 2018 by former EPA Office of Air and Radiation chief William Wehrum that rescinded an earlier "once in, always in" policy, which said that facilities that qualified as major sources had to remain classified as such regardless of whether their emissions output changed. Under the new...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!