10th Circuit Upholds EPA's Rule Ordering Utah To Revise Breakdown Rule

DENVER - A petition challenging a 2011 rule from the U.S. Environmental Protection Agency requiring Utah to revise the unavoidable breakdown rule (UBR) in its state implementation program (SIP) for emissions was denied Aug. 6 by a 10th Circuit U.S. Court of Appeals panel, which found that the agency did not act arbitrarily or capriciously in requiring the change (U.S. Magnesium LLC v. U.S. Environmental Protection Agency,  No. 11-9533, 10th Cir.; 2012 U.S. App. LEXIS 16334).

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