COMPANIES URGED TO RELY ON STRICT NSR TEST IN WAKE OF APPELLATE RULING

Following the appellate ruling invalidating a controversial EPA rule revamping its new source review (NSR) program, industry lawyers are urging companies to rely on a strict emissions measurement test for determining their obligations under NSR, 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 increase emissions, which would make it subject...