EPA Must Have A Rationale to Survive Arbitrary and Capricious Review

Final week, the 3rd Circuit Court docket of Appeals vacated EPA’s approval of Pennsylvania’s SIP for attaining the 2008 NAAQS for NOx. Exclusively, the Court docket uncovered that EPA’s approval was arbitrary and capricious with respect to 3 independent, but connected, provisions of the SIP. The flawed provisions had been: • The NOx typical for ability vegetation making use of selective catalytic reduction was established at .twelve kilos/MMBtu……
By: Foley Hoag LLP – Environmental Legislation