Recent NSR Rulings Shift Focus To DC Circuit In Defining Emission Tests

The utility industry is redoubling its effort to convince the federal appeals court in Washington, DC, that EPA exceeded its authority in targeting emission increases under its new source review (NSR) enforcement program, citing a series of rulings this month by other courts that may make the court's views crucial to the future of the pending litigation, attorneys say. The industry argument, outlined in recent letters to the U.S. Court of Appeals for the District of Columbia Circuit, has prompted...