Industry, States Oppose EPA Bid To End 'Affirmative Defense' In Air Plans

Industry groups and several states are fighting EPA's proposal to scrap provisions in many states' air quality plans that give industry an "affirmative defense" against Clean Air Act liability for some unplanned emissions limit violations, saying it ignores states' discretion to write the defenses into their federal air law compliance plans. Law firm Hunton & Williams on behalf of the Utility Air Regulatory Group (UARG) says EPA's plan misconstrues the air law and ignores limits that the law places on...