Judges Doubt EPA Claim Shuttered Refinery Needs PSD Permit To Restart

A three-judge appellate panel appears highly skeptical of EPA’s arguments that under its shuttered-facility “reactivation policy,” Port Hamilton Refining & Transportation LLLP needs a Clean Air Act prevention of significant deterioration (PSD) permit in order to restart operations at a troubled St. Croix, VI, refinery it now owns. During May 23 arguments, the panel of the U.S. Court of Appeals for the 3rd Circuit disagreed with Department of Justice attorney Heather Gange, arguing on EPA’s behalf, that the air law’s...