Mixed NSR Court Ruling Sparks Debate Over Enforcement Implications

The U.S. Court of Appeals for the District of Columbia Circuit on June 24 upheld significant portions of EPA's controversial new source review (NSR) rules issued in 2002, while entirely rejecting two revisions to the rules intended to provide more flexibility for industry to upgrade plants without requiring new pollution controls. The decision has touched off sparring among industry, state, and environmental attorneys over its broader implications for EPA's NSR enforcement efforts, specifically the extent to which the ruling counters...