EPA Proceeds With Suit Over Biden Bar On Air Permit ‘Affirmative Defense’

EPA and industry challengers have elected to continue litigating an industry suit opposing a Biden-era regulation that barred use of “affirmative defenses” in air permits to shield facilities from civil liability or penalties in the event of malfunctions after appellate judges appeared inclined to either toss the case or side with petitioners. The U.S. Court of Appeals for the District of Columbia Circuit in a brief May 7 order granted EPA’s earlier motion to remove the case from abeyance and...