ELR Citation: 43 ELR 20157
No(s). 11-1101 (D.C. Cir. Jul 12, 2013)

The D.C. Circuit vacated an EPA rule that deferred regulation of biogenic carbon dioxide—non-fossil-fuel carbon dioxide sources such as ethanol—for three years. Although the "Deferral Rule" is a temporary regulation, it functions, in effect, as a permanent exemption from the PSD permitting requi...