Appellate Judge Doubts CERCLA Waiver Case But Suit’s Outcome Unclear

January 29, 2021
One of three appellate judges hearing argument in litigation over the scope of exemptions from air emissions reporting under the Superfund law for facilities with Clean Air Act (CAA) permits appeared to doubt environmentalists’ claim that the emissions must be reported to the public, but the eventual outcome of the suit remains unclear. At argument the position of the other two judges was uncertain, with one questioning opposing council -- representing a steel mill -- on whether a CAA permit...

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