In Precedent, Court Backs CERCLA Exemption For Air Emissions Reporting

In a precedent-setting ruling, a federal appellate court has rejected environmentalists’ attempt to void an air emissions reporting exemption under the Superfund law for a steel mill, even though the mill’s emissions violate its Clean Air Act (CAA) permit. A three-judge panel of the U.S. Court of Appeals for the 3rd Circuit ruled June 21 in Clean Air Council (CAC) v. United States Steel Corporation , finding that “[s]ince U.S. Steel’s emissions were governed by a Clean Air Act permit,...