Environmentalists Say Authority For NSR Accounting Rule ‘Does Not Exist’

Environmental groups are detailing arguments in litigation challenging EPA’s “project emissions accounting” policy under the new source review (NSR) air permitting program, claiming the policy is unlawful and lacks any statutory basis, and that it enables industry to avoid NSR by artificially grouping disparate activities as a single “project.” In their Nov. 14 brief filed in Environmental Defense Fund, et al. v. EPA, et al ., now pending before the U.S. Court of Appeals for the District of Columbia Circuit,...