Supreme Court Refuses ACC Appeal of Clean Air Decision

The U.S. Supreme Court says it will not consider an appeal by ACC that sought a review of an appeals court’s decision disallowing an exemption from certain emissions limits during “startup, shutdown or malfunction” (SSM) periods. ACC and other business groups had argued that the 2008 appeals court’s decision exposes industrial facilities to liabilities for excess emissions that are unpreventable and occur outside of the normal operating scenarios. The high court’s decision in American Chemistry Council v. Sierra Club is a victory for...

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