Monday, May 4, 2015

DE Department of Natural Res. v. EPA

<> DE Department of Natural Res. v. EPA – 5/1/15. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-1093. The State of Delaware, industry and environmental organizations, and an industry intervenor challenge a final rule of the Environmental Protection Agency governing the use of Reciprocating Internal Combustion Engines ("backup generators" or "emergency engines").
     The Appeals Court ruled, ". . .we hold that EPA acted arbitrarily and capriciously when it modified the National Emissions Standards and the Performance Standards to allow backup generators to operate without emissions controls for up to 100 hours per year as part of an emergency demand-response program."