Natural Resources Defense Council v. EPA

Petitioners challenged the EPA's 2013 Rule regarding the emission standards for the cement industry and the EPA's decision to create an affirmative defense for private civil suits in which plaintiffs sue sources of pollution and seek penalties for violations of emission standards. The court concluded that the emissions-related provisions of the EPA's 2013 Rule were permissible but that the affirmative defense for private civil suits exceeded the EPA's statutory authority. Accordingly, the court granted the petitions in part and vacated the portion of the Rule pertaining to the affirmative defenses. The court denied the petitions in all other respects. View "Natural Resources Defense Council v. EPA" on Justia Law