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D.C. Circuit Backs EPA Rule Allowing 'Nonacquiescence' To Court Rulings

June 08, 2018
The U.S. Court of Appeals for the District of Columbia Circuit has upheld EPA's rule saying its regions do not have to adhere to adverse appellate rulings from circuit courts outside of a particular region, rejecting an industry coalition's suit over the “nonacquiescence” policy and correcting prior precedent in an earlier similar case. In its unanimous June 8 ruling in National Environmental Development Association's Clean Air Project (NEDA/CAP) v. EPA , the court finds that the Clean Air Act sets...

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