On December 23, 2008, the D.C. Circuit Court of Appeals granted EPA's petition to remand the Clean Air Interstate Rule (CAIR) to the Agency to be "fixed" rather than be vacated, which was the Court's original (July 11, 2008) decision. This means that CAIR is back in effect, but EPA is on notice for replacing the rule consistent with the Court's July 2008 findings. The Court did not impose a schedule on EPA, but was clear in that the Court does not intend its action to be an indefinite stay of the effectiveness of the July 2008 decision.
RMB Consulting &