D.C. Circuit Court of Appeals Rejects EPA Clean Air Interstate Rule

November 2008
Citation:
38
ELR 10790
Issue
11
Author
John Wittenborn and Eric Waeckerlin

Editor's Summary: On July 11, 2008, the U.S. Court of Appeals for the District of Columbia Circuit rejected one of EPA's major CAA rulemaking initiatives--the Clean Air Interstate Rule (CAIR). The ruling came as a surprise to both environmental groups and industry alike, and has, at least temporarily, thrown the status of air quality regulation for several key air pollutants in the eastern United States into disarray. The following Article discusses the decision, the current status of EPA's NAAQS, and the potential impacts the CAIR ruling may have on the future of air quality regulation.

John Wittenborn is chair of the Environmental Law Practice Group at Kelley Drye & Warren LLP (Kelley Drye). Eric Waeckerlin is an associate in Kelley Drye's Environmental Law Practice Group.
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D.C. Circuit Court of Appeals Rejects EPA Clean Air Interstate Rule

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