On December 23, 2008, the US Court of Appeals for the District of Columbia Circuit reversed its vacatur of the US EPA Clean Air Interstate Rule (CAIR). CAIR was intended to regulate interstate emissions of nitrogen oxides (NOx) and sulfur dioxide (SO2) contributing to nonattainment areas for fine particulate and ozone. The Court had vacated CAIR in July 2008, citing significant flaws in EPA’s regulations.
The recent ruling means that CAIR, as previously promulgated by EPA, will remain in place until such time as the EPA revises the rule, as per the instructions of the Court’s order in July.
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