In the US, the Clean Air Interstate Rule Lives Again

This post was written by Lawrence A. Demase, Mark A. Mustian, Steven M. Nolan and Christopher L. Rissetto.

The Clean Air Interstate Rule (CAIR), which had been vacated in its entirety by the Circuit Court for the District of Columbia Court of Appeals in July, was revived for an indefinite period on December 23. Upon rehearing, the Court agreed with the Environmental Protection Agency that the immediate effect of vacating CAIR was counterproductive to the environment. The Court therefore partly reversed its original decision by (i) remanding CAIR to the agency for revision and (ii) reinstating CAIR until a new rule is ready to replace it. The impact of this decision is discussed in the attached article.

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