Yesterday, U.S. District Court judge Paul Friedman denied a legal motion by the U.S. Environmental Protection Agency (EPA; Washington, D.C.; www.epa.gov) that would have prevented environmental groups from challenging EPA’s stay of proposed changes to the Maximum Achievable Control Technology (MACT) standard for industrial boilers. While the decision was procedural, it suggests to ACC that the stay is legally at risk of being overturned. “Today’s ruling makes it all the more urgent for Congress to pass the ‘EPA Regulatory Relief Act of 2011’ (H.R. 2250, S. 1392). These bipartisan bills give EPA time to develop more effective, achievable standards and U.S. businesses time to identify, budget for and implement the necessary changes to their facilities," ACC says.
This latest round of court action involves an ongoing dispute between environmental groups and EPA over the regulations. Last year, EPA proposed new emissions standards for hazardous air pollutants (HAP) emitted by industrial boilers and solid-waste incinerators (CISWI) based on the performance of the maximum achievable control technology (MACT). The so-called “boiler MACT” final rules were signed by the EPA Administrator on February 21, 2011. On May 18, 2011, however, in response to petitions by ACC and other groups, EPA published a notice delaying the effective date of the major source rule (for more, see the August Editor’s Page).
Yesterday’s ruling concerns the next set of moves, which began with Earthjustice (Oakland, Calif.; www.earthjustice.org), on behalf of the Sierra Club, filing an objection to EPA’s stay. After Earthjustice filed the objection, the Obama Admin. and EPA filed a motion to dismiss Earthjustice’s petition. That motion was denied yesterday by judge Friedman.
The next step for the case is for the district court, under judge Friedman, to evaluate the merits of EPA’s request for the stay.