NEWS

The D.C. Circuit Court has ruled that the EPA misinterpreted the Clean Air Act in its 2022 rule on emission standards for industrial boilers and process heaters, or boiler MACT. The court said that EPA misinterpreted the definition of "new source" by determining that a source is "new" based on the original proposed rule date of 2010, finding that EPA had to consider "when each sequential emission standard was first proposed." In this case, that date is 2020. This is a win for companies using boilers built between 2010 and 2020, who might otherwise need to invest in expensive retrofits or replacements.

Read more: United States Sugar Corporation V. Environmental Protection Agency →