On December 23, 2008, the U.S. Court of Appeals for the D.C. Circuit reversed its vacatur of the Clean Air Interstate Rule (CAIR) and remanded it back to EPA for revisions. The three-judge panel in the case was persuaded by arguments from EPA, environmentalists and some industry groups, claiming that “allowing CAIR to remain in effect until it is replaced by a rule consistent with our opinion would at least temporarily preserve the environmental values covered by CAIR.” The court’s reversal gave no time frame for EPA to correct CAIR’s flaws. The court noted, however, that it did not intend to grant an indefinite stay to its decision.
The regulatory benefits of CAIR, such as the mandatory sulfur dioxide and nitrogen oxides emission reductions in 28 states, will stay in place as a result of the court’s recent ruling. However, significant legal uncertainty remains in many areas, including the emissions trading markets. Uncertainties also remain for utilities subject to the rule as the industry is left vulnerable to more stringent regulatory demands in the future while being forced to comply with the emission reductions of the reinstated CAIR.
More Information
To read the court’s December 23rd decision, go to http://pacer.cadc.uscourts.gov/common/opinions/200812/05-1244-1155490.pdf.
Stay tuned for more updates on CAIR in the upcoming weeks and months!
Posted
Jan 02 2009, 09:33 AM
by
Webmaster