EPA HIGH COURT BRIEF SUGGESTS CONFLICTING POSITIONS ON NSR TEST

EPA has filed a brief with the Supreme Court criticizing a lower court's interpretation of how to measure emissions increases under the new source review (NSR) program despite proposing a rule earlier this year that adopts the lower court's approach. How the agency measures emissions increases is significant because NSR requires facilities to install pollution controls when modifications result in an emissions increase. EPA's amicus brief, filed last month in Environmental Defense, et al. v. Duke Energy Corp ., says...