The Bush Administration’s EPA has had a hard time defending its air pollution regulatory reforms in federal court (as I’ve noted before). Today, yet another regulation went down in (another case styled) Sierra Club v. EPA. The majority opinion by Judge Rogers, joined by Judge Tatel, begins:
Petitioners challenge the final rules promulgated by the Environmental Protection Agency exempting major sources of air pollution from normal emission standards during periods of startups, shutdowns, and malfunctions (