D.C. Circuit Gives Few Clues On Fate Of Future ‘Once In’ Air Policy Suit

A divided U.S. Court of Appeals for the District of Columbia Circuit ruling that rejected on procedural grounds a suit over an EPA memo undoing a strict air toxics policy gives few clues about how the court might rule on the merits of a future expected lawsuit over a pending agency regulation that would codify the memo. The 2-1 decision issued Aug. 20 rejects environmentalists’ suit claiming the memo, issued by former Trump EPA air chief Bill Wehrum, had the...