David Overstreet

David Overstreet

K&L Gates LLP

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Is The “Functional Interdependence” Test Dead?

On May 30, 2014, the United States Court of Appeals for the D.C. Circuit vacated the Environmental Protection Agency’s (“EPA’s”) attempt to preserve an expansive view of what constitutes a single source of air emissions under...more

6/4/2014 - Appeals Clean Air Act EPA Functional Interdependence

Sue and Settle – The Growing Problem of Closed-Door Rulemaking

So-called “sue and settle” tactics are becoming an increasingly popular, problematic, and oftentimes successful litigation strategy used by pro-regulatory environmental groups. Because these groups, as well as regulators, are...more

4/8/2013 - Due Process EPA Greenhouse Gas Emissions Litigation Strategies Natural Gas Sue-and-Settle

EPA Will Continue to Apply the "Functional Interdependence" Test for Air Quality Source Determinations Outside of the Sixth...

Introduction - On December 21, 2012, the U.S. Environmental Protection Agency (“EPA”) issued a new guidance memorandum (the “Page Memorandum”) on single source determinations for the oil and gas industry under the Clean...more

1/24/2013 - Air Pollution Clean Air Act EPA Functional Interdependence Oil & Gas Permits

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