U.S. District Judge Paul Friedman rejected the Environmental Protection Agency's argument that his court did not have jurisdiction to determine whether the implementation of boiler MACT rules could be delayed. Friedman said that since the EPA used the Administrative Procedure Act and not the Clean Air Act to establish the delay, the agency's argument had no basis. ACC President and CEO Cal Dooley said that because of the ruling, Congress must delay the rule to "give EPA time to develop more effective, achievable standards and U.S. businesses time to identify, budget for and implement the necessary changes to their facilities."

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