Groups Duel Over Key EPA Utility MACT Provisions In Litigation Over Rule

摘要

Groups involved in litigation over EPA's utility air toxics rule are dueling over key provisions in the rule, with utilities backing the agency's alternative compliance options environmentalists oppose, while environmentalists are defending EPA from utilities' claim that the agency erred in determining the air toxics limits were "appropriate" and "necessary." The claims are made in recent briefs filed with the U.S. Court of Appeals for the District of Columbia Circuit in the suit White Stallion Energy Center, LLC, et al. v. EPA, which consolidates various challenges to the agency's maximum achievable control technology (MACT) air toxics rule for coal- and oil-fired power plants. Some states and utilities sued claiming the rule is too stringent, when environmentalists argue some provisions are too weak.