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New source review

Association of Irritated Residents v. U.S. Environmental Protection Agency

The Ninth Circuit denied petitions for review challenging EPA's promulgation of 40 C.F.R. §52.245, a regulation that revised the scope of a previous EPA decision, after the Agency determined that it had mistakenly approved certain new...

National Environmental Development Ass'n's Clean Air Project v. Environmental Protection Agency,

The D.C. Circuit vacated an EPA memorandum directing regional air districts to apply different criteria when making source determinations in its Title V or new source review (NSR) permitting decisions for facilities located in areas...

Oklahoma Department of Environmental Quality v. Environmental Protection Agency

The D.C. Circuit vacated EPA's new source review (NSR) rule for Indian country, which established a federal implementation plan (FIP) covering all Indian country nationwide except where EPA had already approved a tribal NSR program or...

United States v. DTE Energy Co.

The Sixth Circuit held that the CAA does not categorically prevent EPA from challenging preconstruction projections of whether and to what extent emissions will increase following construction. The preconstruction projection determines...

Citizens for Pennsylvania's Future v. Ultra Resources, Inc.

A district court denied a company's motion to dismiss an environmental group's CAA citizen suit against it for building seven compressor stations without first obtaining a nonattainment new source review permit. The company claimed that...

Texas v. United States Environmental Protection Agency

The Fifth Circuit vacated EPA's disapproval of Texas's flexible permit program under the CAA. Texas submitted the program to EPA as a revision to its SIP and as a new feature of the state's minor new source review (NSR) regime. Under...

Luminant Generation Co. v. United States Environmental Protection Agency

The Fifth Circuit vacated EPA's disapproval of three Texas regulations that provide for a standardized permit for minor new source review (NSR) pollution control projects that reduce or maintain current emissions rates. EPA had no...

United States v. DTE Energy Co.

A district court held that an energy company did not violate the CAA when it failed to obtain a new source review (NSR) permit prior to renovating electric utility steam generating units at its Monroe, Michigan, power plant. The...

Natural Resources Defense Council v. South Coast Air Quality Management District

The Ninth Circuit upheld the dismissal of an environmental group's CAA claim challenging an air quality district's method for...

New York v. EPA

The court vacates the U.S. Environmental Protection Agency's equipment replacement provision (ERP) rule, which expanded the routine maintenance, repair, and replacement exclusion from new source review (NSR) requirements by allowing...