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Nebraska v. United States Environmental Protection Agency

A district court dismissed Nebraska's lawsuit challenging EPA's proposed standards to limit carbon dioxide emissions from new or modified fossil fuel-fired electric utility generating units. As part of the proposed rule, EPA found that...

Diné Care v. United States Environmental Protection Agency

A district court dismissed Native American and environmental groups' CAA citizen suit asking the court to order EPA to issue a final rule that establishes best available retrofit technology (BART) for the Navajo Generating Station, a...

Is the U.S. Environmental Protection Agency's Revised New Source Review Rule Moving in the Right Direction?: A Deepened New Source Bias, and the Need for Pursuing Sustainable Energy Development in Air Pollution Control Law

This Article analyzes the revised new source review (NSR) rule and argues that it violates the Clean Air Act's (CAA's or the Act's) clean air mandate by changing the preexisting definition of the statutory term "change" and by...

New Source Review: Should It Survive?

The Clean Air Act's (CAA's) new source review (NSR) program has not been effective. Some of the worst emitters of air pollutants today were among the worst polluters when control of new source emissions by the CAA began in 1970....