EPA FACES DILEMMA WEIGHING IN ON PETITION TO HIGH COURT OVER NSR

EPA may face a dilemma in weighing in on whether the Supreme Court should review a decision in a key clean air permit dispute because the agency must either reverse its long-standing argument in the case or back away from plans to relax new source review (NSR) provisions, which reflect the lower court's finding. Environmentalists, who appealed the case to the Supreme Court, expect EPA and the Department of Justice (DOJ) to file a brief articulating the government's position on...