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5th Circuit Judges Doubt EPA's NSR Enforcement For 'Ongoing' Violations

March 06, 2018
A three-judge panel of the U.S. Court of Appeals for the 5th Circuit appears to be doubting EPA's long-running claim that it can enforce alleged violations of its Clean Air Act new source (NSR) permit program as “ongoing” rather than one-time events, which could significantly limit NSR enforcement if the court rejects EPA's position. Although the Department of Justice (DOJ) on EPA's behalf is defending the claim that NSR violations are ongoing, a loss for the administration could boost EPA...

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