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Bench Report: Top Ten Legal Decisions of 2011

Fortnightly Magazine - November 2011

state and local governments to begin implementing a new standard that will soon be reconsidered,” the president said on September 2.

The decision followed EPA’s decision in May 2011 to delay implementing its industrial Boiler MACT rule (Maximum Achievable Control Technology), pending the outcome of either its reconsideration of the rule or a judicial review, whichever comes first. Then, in mid-October, the EPA softened parts of its new Cross-State Air Pollution Rule (CSAPR) for the transport across state lines of fine particulates and ozone, issued only recently in July to replace the Clean Air Interstate Rule (CAIR).The EPA announced a broader zone of tolerance for some 10 of 27 affected states, and postponed the possible imposition of penalties for noncompliance from early 2012 back to 2014. (Re Plans to Reduce Interstate Transport of Fine Particulate Matter and Ozone in 27 States, EPA-HQ-OAR-2009-0491, July 6, 2011, revised Oct. 6, 2011.)

The EPA said that by December 16 it would finalize its new MACT Standards for Hazardous Air Pollutants, the Utility Air Toxics Rule, along with New Source Performance Standards for fossil-fuel-fired electric generating units, as proposed in March. (See Docket Nos. EPA-HQ-OAR-2009-0234, EPA-HQ-OAR-2011-0044.)

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