D.C. Circuit Scraps Boiler Air Limits, Setting Precedent On ‘New’ Sources

Setting new precedents that rely on the Supreme Court’s elimination of Chevron deference, the D.C. Circuit has vacated aspects of EPA’s rule setting air toxics limits for industrial boilers, rejecting its definition of “new” sources, but upholding the agency’s use of older emissions data, resulting in weaker standards than would otherwise apply. In their Sept. 3 per curiam opinion in U.S. Sugar Corp. v. EPA , Judges Gregory Katsas, Justin Walker and Robert Wilkins find that EPA’s 2022...