Inside EPA - 02/14/2020

‘Once In’ Air Ruling May ‘Haunt’ Industry By Limiting Suits On EPA Guides

February 6, 2020
The recent appellate court decision dismissing environmentalists’ suit over an EPA guidance that ended the agency’s longstanding “once in, always in” air toxics policy could “come back to haunt” industries that backed the guidance, an attorney says, because it sets a precedent severely limiting when groups can sue over informal EPA policy changes. Other legal sources agree and note the dissenting judge in the case, California Communities Against Toxics (CCAT), et al. v. EPA, et al ., warned that the...

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