Court Backs Novel CERCLA Reporting Waiver Despite CAA Permit Violation

A federal court in Pennsylvania has backed a potentially precedent-setting industry defense in an environmental citizen suit, agreeing with the defendant steel mill that it is exempt from Superfund reporting requirements if it holds Clean Air Act (CAA) permits even if its emissions violate those permits. In a May 14 ruling , in Clean Air Council (CAC) v. United States Steel Corporation , Judge Marilyn Horan of the U.S. District Court for the Western District of Pennsylvania granted the defendant’s...