10th Circuit Panel Weighs Colorado Oil & Gas NSR Permitting Exclusion

A panel of 10th Circuit judges is weighing environmentalists’ claim that EPA unlawfully approved changes to Colorado’s plan for attaining federal ozone limits to exclude fracking emissions from air permitting determinations for oil and gas sources, though it is unclear if the court will find it has jurisdiction to hear the dispute. In Center for Biological Diversity (CBD) v. EPA, et al. , now pending before the U.S. Court of Appeals for the 10th Circuit, environmentalists are challenging EPA’s approval...