October 01, 2008
D.C. Circuit vacates air monitoring rule.
Sierra Club v. Environmental Protection Agency, 536 F.3d 673 (D.C. Cir. 2008).
We forgot to note that, in mid-August, the D.C. Circuit invalidated a two-year-old EPA federal Clean Air Act regulation barring states from requiring increased air pollution monitoring in permits issued under Title V of the Act. Under Title V, states with program approval--which EPA gives and takes away--issue permits to power plants and factories on their own, rather than directly through EPA. In a 2-1 decision, the D.C. Circuit, which by statute reviews most challenges to EPA rulemaking, concluded that states may require power plants, oil refineries and other stationary sources of pollution to include in their permits stronger monitoring requirements than those imposed by EPA. Environmental groups, of course, like the decision, but energy companies and other industries do not. By far the best summary for corporate clients and GCs we've seen is one given by Dustin Till of the Seattle-based environmental boutique, Marten Law Group. See also Law.com.
Posted by JD Hull at October 1, 2008 12:00 AM