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EPA Asks Judges to Toss Power Plant Rule Over Emission Threshold

March 17, 2021, 7:44 PM

The Biden administration asked federal judges Wednesday to do away with an emissions threshold that raises the bar for what kinds of sources “contribute significantly” to pollution.

The Environmental Protection Agency asked the U.S. Court of Appeals for the District of Columbia Circuit to toss the “Significant Contribution Rule” to avoid excess judicial proceedings over a mandate with an obvious “procedural defect.”

  • “EPA acknowledges that it failed to provide any public notice or opportunity for comment on the central elements of the Significant Contribution Rule, rendering it unlawful,” the agency said in the motion to vacate the rule.
  • Under ...