Another Loss For Epa In The Court Room


The United States Court of Appeals for the District of Columbia Circuit has issued an order in the case of Lianite Energy Council v. EPA, No. 98-1525 (D.C. Cir. Sept. 21, 1999) remanding EPA's new source performance standards for nitrogen oxide omissions from modified boilers back to the EPA for further rulemaking. In doing so, the Court vacated the regulations calling them "seriously deficient." This is the second time in recent months that EPA had major air pollution regulations stricken down by the courts. Earlier this year revised standards for ozone and particulates were found not to have sufficient scientific support.