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EPA's Clean Air Interstate Rule (CAIR) Vacated by D.C. Circuit Court


by Eric A. Groten View Biography
Vinson & Elkins LLP View Firm Credentials
Austin Office

Patrick Lee
Vinson & Elkins LLP View Firm Credentials
Houston Office

July 18, 2008

Previously published on July 2008

On July 11, 2008, the D.C. Circuit Court of Appeals vacated the Clean Air Interstate Rule, or "CAIR," in its decision in North Carolina v. EPA. Promulgated by EPA in 2005, CAIR would have permanently capped emissions of sulfur dioxide (SO2) and nitrogen oxides (NOX) from power plants across 28 eastern states and the District of Columbia. Because the court struck down CAIR in its entirety, it would be years before the EPA develops and implements a replacement program, if it ever does.


 

The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.




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