D.C. Circuit Weighs Major Air Policy Disputes In Combustion Rule Lawsuits

摘要

A three-judge U.S. Court of Appeals for the District of Columbia Circuit panel at Dec. 3 oral argument weighed major air policy disputes in lawsuits over EPA's package of combustion emissions rules, including the agency's method for setting air pollution limits and the extent to which EPA can offer some exemptions to those limits. The panel of Judges Karen LeCraft Henderson, Janice Rogers Brown and Thomas Griffith gave few indications about how they might decide the suits filed by various industry groups and environmentalists over the combustion rules. The rules under litigation are a "major" source air toxics rule for large boilers, an "area" source air toxics rule for smaller boilers and an emissions rule for commercial and industrial solid waste incinerators (CISWI).