EPA Distances Enforcement Power From Pending Air Rules In Denka Suit

September 11, 2023
In a case that tests one of EPA’s rarely used Clean Air Act enforcement authorities, the agency is urging a federal court to reject a Louisiana chemical manufacturer’s claim that the action is preempted by a pending air rule for the sector, arguing its “endangerment” enforcement power is separate from any conclusions reached in its proposed rule. In a Sept. 6 filing with the U.S. District Court for the Eastern District of Louisiana in USA v. Denka Performance Elastomer and...

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