Fifth Circuit Rejects EPA’s Overreaching on CAA and MBTA
The Energy Law
SEPTEMBER 15, 2015
The CPI separators have roofs that prevent the release of air emissions, but the equalization tanks (as well as the other downstream equipment) do not. However, the Court of Appeals read the phrase “which also includes the forebay and other separator basins” as only modifying the term “separation tank.” Forest Serv., 3d 110 (8th Cir.
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