Court Holds that EPA Adoption of CEMS Requirement Was Not Arbitrary

In Portland Cement Association v. Environmental Protection Agency, No. 10-1358 (December 9, 2011), the U.S. Court of Appeals for the D.C. Circuit recently reviewed the adoption by the U.S. Environmental Protection Agency (EPA) of the National Emission Standards for Hazardous Air Pollutants (NESHAPS) From the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants,” promulgated at 75 Fed. Reg. 54970 (September 9, 2010). The Portland Cement Association (PCA) filed a petition for review of various aspects of the EPA’s final rule.

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