District Court's Ruling Seen As Further Setback For EPA NSR Enforcement

A federal district court's ruling partially rejecting an EPA Clean Air Act new source review (NSR) enforcement action against Texas utility Luminant is another significant setback for the agency's NSR enforcement efforts, sources say, as it reinforces a strict statute of limitations approach that sets a time limit on pursuing such actions. Whether NSR -- which requires existing facilities that undergo major modifications that boost emissions to install modern pollution controls -- can be pursued beyond the general five-year statute...