Companies Urged To Rely On Strict NSR Test In Wake Of Appellate Ruling

In the wake of the appellate ruling striking down EPA's key new source review (NSR) rule, industry lawyers are urging companies to rely on a strict emissions measurement test for determining their possible regulatory liability under the NSR program, even though industry opposes the test and EPA is seeking to replace it in a pending rulemaking. The lawyers say relying on the strict test is necessary to ensure that EPA cannot conclude that a planned project would result in an...