D.C. Circuit Appears Ready To Scrap EPA Air Rule Governing ‘New’ Boilers

March 21, 2024
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit appears to be leaning toward scrapping an EPA definition of “new” industrial boilers that would keep certain boilers built after 2010 always subject to tough “new source” air toxics standards, a move that would grant industry’s petition to ease the limits for some boilers. At oral argument March 21 in U.S. Sugar Corp. v. EPA , Judges Gregory Katsas, Robert Wilkins and Justin Walker all...

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