One of three appellate judges hearing argument in litigation over the scope of exemptions from air emissions reporting under the Superfund law for facilities with Clean Air Act (CAA) permits appeared to doubt environmentalists' claim that the emissions must be reported to the public, but the eventual outcome of the suit remains unclear. At argument the position of the other two judges was uncertain, with one questioning opposing council - representing a steel mill - on whether a CAA permit meant "you can do whatever you like" in terms of emissions. A three-judge panel of the U.S. Court of Appeals for the 3rd Circuit Jan. 29 heard oral argument in Clean Air Council (CAC) v. United States Steel Corporation (USS). In the case, environmentalists want to overturn a 2020 ruling by the U. S. District Court for the Western District of Pennsylvania that granted the defendant's motion to dismiss, finding USS's operations at its Mon Valley Works mill facilities in the Pittsburgh area "are subject to permits issued under the CAA, and thus the emissions at issue here are 'federally permitted releases' and exempt" from reporting requirements under the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA).
展开▼
