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Natural Resources Defense Council v. Environmental Protection Agency

ELR Citation: 44 ELR 20090
Nos. 10-1371, (D.C. Cir., 04/18/2014)

The D.C. Circuit vacated a portion of EPA's 2013 rule regulating air emissions from Portland cement kilns. The court concluded that the emission-related portions of the rule are permissible under the CAA. It also upheld the compliance schedule implementing some of the 2013 rule's emission standards. But the court vacated the rule's affirmative defense that would shield defendants from private civil suits in cases where an “unavoidable” malfunction had resulted in impermissible levels of emissions. This portion of the rule falls beyond Agency's authority under the Act.