D.C. Circuit splits boiler MACT litigation

The U.S. Court of Appeals for the District of Columbia Circuit has granted environmentalists’ request to sever their lawsuit against the latest version of EPA’s rule setting maximum achievable control technology (MACT) for industrial boilers from industry suits with which it had been consolidated. In a March 10 order , the court splits environmentalists’ issues from the original suit , U.S. Sugar Corp. v. EPA , creating a second case, California Communities Against Toxics, et al v. EPA, et al...