A federal appeals court reversed itself on Dec 23, 2008 and temporarily reinstated the Clean Air Interstate Rule (CAIR). In July, the court struck down the rule, saying the Environmental Protection Agency (EPA) had exceeded its authority in devising a new emissions-trading system to reduce coal-fired power plant pollution, and must rewrite the rule to fix its “fundamental flaws.”
In the most recent decision, the court said that having a flawed rule temporarily in place was better than having no rule at all. The agency must still revise the rule but has no deadline for doing so.
Text of the Decision. (pdf, 4pp., 26kB)- Court reinstates CAIR, sends it back to EPA. Power Engineering, December 23,2008
