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New Jersey v. Environmental Protection Agency

ELR Citation: 51 ELR 20037
Nos. 08-1065, (D.C. Cir., 03/05/2021)

The D.C. Circuit denied, 2-1, New Jersey's challenge to a rule promulgated by EPA on remand concerning the CAA's new source review (NSR) program. The state argued that EPA inadequately considered concerns stemming from the predictive and subjective nature of projected emissions calculations and adopted an arbitrary percentage trigger. The court found that the record demonstrated EPA adequately considered the enforcement problems and offered a rational basis for adopting the 50 percent trigger. It therefore denied the state's petition for review.