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7th Circ. Axes Own Precedent, Moves EPA Rule Fight To DC

Law360, New York (July 13, 2017, 3:54 PM EDT) -- The Seventh Circuit on Wednesday transferred an Illinois power utility’s appeal of a U.S. Environmental Protection Agency decision to the D.C. Circuit, saying the Clean Air Act’s “plain language” mandates the move and retracting a decades-old stance that let a similar appeal play out in the Seventh Circuit.

The EPA had designated Williamson County in southern Illinois a “nonattainment area” last year for new sulfur dioxide air quality standards, which launched in 2010 under the CAA. The Southern Illinois Power Cooperative, which is based in Williamson...
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