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Air Toxics Policy Shift Memo Can’t Be Challenged in Court (2)

Aug. 20, 2019, 3:42 PMUpdated: Aug. 20, 2019, 6:21 PM

An EPA memo allowing some power plants and refineries to escape pollution controls for toxic air pollution isn’t a final agency action that can be challenged in court, the D.C. Circuit said Aug. 20.

That might not be a major setback for the policy’s challengers. The Environmental Protection Agency is making progress in codifying the memo’s conclusions through rulemaking, which will be open for a legal challenge once it’s finalized.

The 2018 Wehrum memorandum updated federal policy around major emitters of toxic air pollutants. Since 1995, sources of “major” toxic emissions were supposed to be strapped with strict regulatory ...

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