February 8, 2008
D.C. Circuit vacates the delisting and mercury rules
The D.C. Circuit just vacated the Delisting and Clean Air Mercury Rules. New Jersey v. EPA decision
I have not read the whole decision. But one of the implication I am most interested in is the court's vacating the delisting rule. It seems to me that this decision opens the door for carbon dioxide from power plants to be regulated under section 112 of the Clean Air Act. Section 112, with its Maximum Achievable Control Technology T-based standard, might be an attractive way to use the existing Clean Air Act provisions to regulate carbon dioxide.
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