ELR Citation: 55 ELR 20126
No(s). 23-1267 (D.C. Cir. Sep 5, 2025)

The D.C. Circuit granted a coalition of trade groups' petition to review EPA's 2023 rescission of the Title V affirmative defense to liability for excess emissions caused by emergency events. EPA had concluded the defense was unlawful because it encroached on the judiciary's authority under the CAA ...