In one of the more impressive displays of environmental law we have seen, a panel of the U.S. Court of Appeals for the D.C. Circuit ruled on approximately 30 consolidated challenges—about half filed by industry and half by environmental groups—to three EPA rules issued to control emissions of air toxics from combustion units. Industry struck out on every one of its petitions while the environmental petitioners fared better with the court.
|
Each member of the three-judge panel was appointed by a Republican president—one by President George H.W. Bush and the other two by President George W. Bush. Overall, the Agency’s regulations stood up well to the many challenges. The panel did vacate one provision, and several others were remanded to the Agency without vacatur.