“A three-judge panel scrapped a U.S. EPA rule today that had given biomass-burning facilities a pass on compliance with federal greenhouse gas emission standards…
“The court sided with the environmental group, finding among other things that EPA failed to explain what the next steps might be for regulating biomass facilities under the Clean Air Act, which might justify a delay in that rulemaking.
“We simply have no idea what EPA believes constitutes ‘full compliance’ with the statute,” the judges wrote in their decision. “In other words, the deferral Rule is one step towards … what?
“Without a clear answer to that question, EPA has no basis for invoking the one-step-at-a-time doctrine.”