News & Analysis as of

NSR Carbon Emissions

(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

Stoel Rives LLP

Attention NSR Geeks #2: EPA Flips Position on “Project Netting”

Stoel Rives LLP on

On March 13, 2018, EPA issued another new NSR interpretation. This one allows a source to take into account emissions decreases when performing the first step in determining NSR applicability, effectively rewriting the long...more

Foley Hoag LLP - Environmental Law

NSR Enforcement Staggers On: A Split Decision in Missouri

Given EPA’s recent run of defeats in its NSR enforcement initiative, it’s probably breathing a sigh of relief over last week’s decision in United States v. Ameren Missouri, regarding Ameren’s Rush Island coal-fired power...more

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