Tag Archives: Clean Air Act

EPA’s “Affirmative Defense” Air Policy Under Attack

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The Environmental Protection Agency (EPA) has an “affirmative defense” policy which allows industry to obtain exemptions for some Clean Air Act (CAA) emission limit violations if the violation was unavoidable and was not caused by poor planning or other conditions. EPA has developed the policy so it may not apply to planned spikes in emission level, only accidental exceedances. Environmentalists believe that the “affirmative defense” is illegal under the CAA as it is a means for the executive branch to tell courts what penalties to impose, and that industry could use it to get around all [...]Read more