In Revised Decision, 3rd Circuit Upholds Key CERCLA Reporting Waiver

摘要

An appellate panel has revised but upheld its precedent-setting ruling backing an air emissions reporting exemption under the Superfund law for a steel mill where its emissions violate its Clean Air Act (CAA) permit, a decision that attorneys say could undercut EPA enforcement actions that have long relied on the now-vacated reading of the law. The U.S. Court of Appeals for the 3rd Circuit July 20 granted a rehearing petition by environmentalist appellants in Clean Air Council (CAC) v. U.S. Steel Corporation, vacated its June 21 opinion, and issued a new opinion that adds some new language to its original ruling but overall upholds the core decision.