8th Circuit Rehearing In Mine Air Dispute Tests NSR ‘Aggregation’ Policy

A federal appeals court’s decision to reconsider its ruling in a dispute over North Dakota’s right to interpret EPA Clean Air Act new source review (NSR) policies poses a test for whether the Biden administration will reverse a Trump-era policy on when emissions from industrial facilities must be “aggregated” for air permitting purposes. The case, Casey Voigt, et al v. Coyote Creek Mining Co., LLC, pending in the U.S. Court of Appeals for the 8th Circuit, focuses on a...