MAYER BROWN SECURES VICTORY FOR US SUGAR IN KEY CLEAN AIR ACT CASE

Mayer Brown has achieved a notable victory for US Sugar Corporation, following a decision by the DC Circuit Court of Appeals on August 30, 2024. The court ruled in favor of US Sugar in its challenge to the US Environmental Protection Agency’s (EPA) Clean Air Act Boiler MACT Rule.

The EPA’s rule had classified industrial boilers built as far back as 2010 as "new boilers," thereby imposing stringent emissions limits. This classification would have required US Sugar to undertake costly retrofits of equipment that was compliant with the regulations in place at the time of its construction. The court's ruling found that the retroactive application of these new emissions limits violated the Clean Air Act.

This decision is significant as it addresses ambiguity in the statutory language and employs a rigorous post-Chevron approach to interpret the statute’s meaning based on its structure, context, and history. The court declined to defer to the EPA’s interpretation, marking a pivotal moment in administrative law and statutory interpretation.

The Mayer Brown team, based in Chicago, was led by partner Tim Bishop, who argued the appeal. The team also included partner Avi Kupfer, counsel Matt Sostrin, and associate Nick Vera.

Tim commented, “This ruling is a significant win for US Sugar and sets an important precedent for how regulatory agencies’ rules should be applied. We are pleased with the court's thorough analysis and its alignment with our client’s position.”

The case is US Sugar Corp. v. US Environmental Protection Agency.

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