DE Dept. of Natural Res. v. EPA, No. 13-1093 (D.C. Cir. 2015)
Annotate this CaseDelaware and others petitioned for review of EPA's final rule governing use of certain kinds of power generators known as Reciprocating Internal Combustion Engines ("backup generators" or "emergency engines"). The court held that Delaware lacks standing to challenge the exemption from emissions controls for backup generators in low-density areas under Section 112 of the Clean Air Act, 42 U.S.C. 7412; EPA acted arbitrarily and capriciously under Section 111 of the Act 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; and, therefore, the court reversed and remanded as to those portions of the challenged rule.
The court issued a subsequent related opinion or order on July 21, 2015.
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