Originally published as a Schiff Hardin Environmental Update newsletter

On Monday, January 9, 2012, a Washington, D.C. federal district court kept the United States Environmental Protection Agency (USEPA) in check on how it stays its own rules. The judge vacated and remanded USEPA’s decision to delay two long-awaited emissions rules, a rule regulating hazardous air pollutants (“HAP”) from industrial, commercial and institutional boilers and process heaters located at major sources of HAP (the Boiler Maximum Achievable Control Technology or “Boiler MACT” rule), and a related rule regulating emissions of certain air pollutants from commercial and industrial solid waste incineration units (the Commercial/Industrial Solid Waste Incinerators or “CISWI” rule).