D.C. Circuit Restarts Refinery Suit Over ‘Three Strikes’ Air Act Exemption

January 31, 2025
The U.S. Court of Appeals for the District of Columbia Circuit has restarted litigation in a years-old dispute over the so-called “three strikes” air emissions exemption, allowing the issue to be adjudicated in the context of a suit over EPA refinery air rules. In a Jan. 30 per curiam order , Judges Patricia Millett, Neomi Rao and Robert Wilkins grant EPA’s Nov. 15 motion to proceed with the refinery sector litigation and address the exemption that way, while rejecting...


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