• With Its Deferral Rule Struck Down, EPA Must Regulate Biogenic Carbon Emissions
  • September 2, 2013
  • Law Firm: Morris Polich Purdy LLP - Los Angeles Office
  • The District of Columbia Circuit Court of Appeals vacated the U.S. Environmental Protection Agency’s (“EPA”) administrative action deferring regulation of “biogenic” carbon dioxide for a period of three years (“Deferral Rule”). This rule applied to carbon dioxide emissions which directly result from the combustion or decomposition of biologically-based materials other than fossil fuels and mineral sources of carbon, such as biological decomposition of waste in landfills, wastewater treatment or manure management processes.