A federal appeals court has rejected environmentalists’ bid to challenge decades-old EPA regulations that were used to secure approval for an incinerator project in Puerto Rico, finding the challenge came too late.

Energy Answers Arecibo LLC had obtained federal and other permits to build a waste incinerator in Arecibo, Puerto Rico, as required under the Clean Air Act. The Sierra Club and local residents opposed to the project challenged a 1980 EPA rule that implements the Clean Air Act’s permitting program as it relates to the incinerator’s lead emissions.

Energy Answers Arecibo is represented by Brendan K. Collins of Ballard Spahr LLP.