DC Circ. Beware the challenge of tighter government emissions regulations

By Khorri Atkinson (March 25, 2022 at 8:23 p.m. EDT) – Two DC Circuit judges on Friday dismissed claims that the U.S. Environmental Protection Agency failed to justify an Obama-era mandate directing several states to extend their exemptions for emissions related to start-up, shut-down and failure events in power plants and other facilities.

While hearing oral arguments in petitions filed by a broad coalition of energy companies, utilities and industry associations, as well as several states challenging the EPA’s 2015 action, U.S. federal judges Sri Srinivasan and Cornelia TL Pillard sympathized with the government’s claim that the rule was designed Ensure states have plans fully consistent with…

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