The Third Circuit, on rehearing Clean Air Council v. U.S. Steel Corp., 2021 WL 3045927 (3rd Cir. July 20, 2021), affirmed the lower court and ruled that "subject to" does not mean "in compliance with" in Title V Clean Air Act (CAA) permits for purposes of identifying a federally permitted release that is exempt from release reporting under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Continue reading >