In two previous Client Alerts, we have reported the vacation of the Clean Air Interstate Rule ("CAIR") by the Circuit Court for the District of Columbia in North Carolina v. EPA, 531 F.3d 896 (2008) (North Carolina I) and CAIR's subsequent, temporary resuscitation by the Circuit Court, North Carolina v. EPA, 550 F.3d 1176 (2008) (North Carolina II), pending the drafting of a replacement rule by EPA. On July 6, 2010, the EPA released its draft of the proposed replacement, the Transport Rule. This article summarizes the new rule and highlights issues for which the EPA is expressly soliciting public comments.
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