The Environmental Protection Agency announced Thursday it’s withdrawing a Biden-era rule and restoring regulations protecting polluters from liability for excessive emissions during malfunctions or unexpected events.
The Trump administration brought back affirmative defense provisions for rules governing boilers, pulp mills, chemical manufacturing operations, and other stationary sources regulated under Title V of the Clean Air Act. The legal defense “distinguishes between liability for noncompliance, and situations where noncompliance occurs as a result of circumstances beyond a facility’s control,” according to the EPA.
Trade groups and businesses challenged the Biden-era rule that allowed emitters to be sued for pollution above
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