News & Analysis as of

Environmental Protection Agency (EPA) Environmental Policies NSR

Williams Mullen

EPA Aggregation Guidance is Easily Forgotten and Easily Enforced

Williams Mullen on

Four years ago, EPA published its “Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Aggregation; Reconsideration” (New Source Review (NSR) Aggregation Action). 83 Fed. Reg. 57324...more

Foley Hoag LLP - Environmental Law

NSR Enforcement Lives On (For Now) — A Split Decision for Ameren

The 8th Circuit Court of Appeals has largely affirmed a District Court order finding that Ameren Missouri violated the NSR provisions of the Clean Air Act in making major modifications to its Rush Island facility. The...more

(ACOEL) | American College of Environmental...

Thirteen Years Later, D.C. Circuit Says “Reasonable Possibility” Provision of NSR Rule Is Good Enough

On March 5, the U.S. Court of Appeals for the D.C. Circuit denied a challenge to a more than decade-old EPA rule related to the records that source owners must keep in order to support claims that certain of their activities...more

Seyfarth Shaw LLP

EPA Proposes Revisions to Clarify New Source Review Permitting Process – Updating “Project Emissions Accounting”

Seyfarth Shaw LLP on

Seyfarth Synopsis: Consistent with guidance issued by the Environmental Protection Agency (EPA) in March 2018, the Agency has now proposed to codify changes to the New Source Review (NSR) applicability regulations to clarify...more

Foley Hoag LLP - Environmental Law

EPA’s National Compliance Initiatives — Say Goodbye to NSR Enforcement

Earlier this month, EPA released its recommendations for its National Compliance Initiatives for 2020-2023. I face a dilemma in posting about the NCI, because I actually agree with the two biggest changes EPA is proposing....more

Foley Hoag LLP - Environmental Law

When Does the Sixth Circuit Set EPA Rules for the Entire Country? When EPA Regulations Require National Uniformity

In a fascinating decision issued today, the D.C. Circuit Court of Appeals struck down EPA’s Summit Directive. The Summit Directive – sounds ominous – was issued in response to the 2012 decision in Summit Petroleum Corp. v....more

Foley Hoag LLP - Environmental Law

Is the NSR Enforcement Initiative Dead Yet? Injunctive Relief Claims Dismissed Against U.S. Steel

Last Friday, EPA lost another NSR enforcement case. Not only that, but this was a case EPA had previously won. As we noted last August, Chief Judge Philip Simon of the Northern District of Indiana, had previously ruled that...more

Foley Hoag LLP - Environmental Law

NSR Emissions Projections — Finally, An Area Where It is the Regulated Entity Which Is Entitled to Deference

Last spring, the 6th Circuit Court of Appeals ruled that when power plant owners compare actual emissions to projected future actual emissions for the purpose of determining whether a project is subject to the Clean Air Act’s...more

Foley Hoag LLP - Environmental Law

The Seventh Circuit Cuts the Gordian Knot of NSR Interpretation: Preconstruction Review Cannot Lead to Continuing Violations

Last week, in United States v. Midwest Generation, the 7th Circuit Court of Appeals affirmed dismissal of EPA’s NSR enforcement action against Commonwealth Edison. Commonwealth Edison was the prior owner of the plants at...more

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