New source review

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…

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…

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…

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…

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.…

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…

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…

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…

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…

The Ninth Circuit upheld the dismissal of an environmental group's CAA claim challenging an air quality district's method for offsetting emissions increases in its new source review…