Citing Loper, Combustors Group Seeks To Unwind Key Air Toxics Precedent

Industry is pushing EPA to abandon a 2016 judicial precedent allowing it to set stringent air toxics standards by excluding emissions during periods of malfunction from its calculations, saying that ruling is no longer valid because it relied on the Chevron deference principle that the Supreme Court overturned in its landmark Loper Bright decision this summer. The 2016 decision, U.S. Sugar v. EPA , “is no longer good authority after the Supreme Court’s opinion in Loper Bright ,”...