nsr

EPA Issues "Amendment" to Definition of Condensable Particulate Matter as Regulated New Source Review Pollutant

March 19, 2012 20:41

On Thursday, March 16, 2012, the Environmental Protection Agency (“EPA”) took the almost unprecedented step of publishing in the Federal Register a correction to its prior definition of “regulated new source review pollutant” (“Rule”) contained in two sets of...

270,033 pages later, a chance to catch our breath…

March 01, 2012 15:57

Whew. Unless you’re intimately involved in writing or reading corporate disclosures, you may not realize it, but a marathon of sorts just wrapped up. Yesterday marked the deadline for big companies operating on a calendar year to file their annual reports (Form 10-K filings) with the...

EPA Issues Step 3 of the Tailoring Rule: Did Anyone Hear the Tree Fall?

Seth Jaffe
February 28, 2012 11:34

On Friday, EPA released “Step 3” of the GHG Tailoring Rule. The big news is no news at all. EPA left the GHG permitting thresholds unchanged, at 100,000 tons per year of carbon dioxide equivalent for new facilities and increases of 75,000 tpy of CO2e for existing...

Recurring Issues With NSR and PSD Enforcement

Reed Rubinstein
October 31, 2011 15:53

In this month's Pennsylvania Law Weekly / Legal Intelligencer column, I discuss United States v. EME Homer City Generation, No. 11-19 (W.D. Pa. Oct. 12, 2011), and Jackson v. EME Homer City Generation, No. 11-28 (W.D. Pa. Oct 13, 2011), and the recurring issues related to the...

EPA Loses a PSD Enforcement Case -- Big Time

Seth Jaffe
October 14, 2011 13:43

EPA may have had problems in court in recent years defending its regulations, but it has generally fared much better in its enforcement cases. Earlier this week, however, EPA suffered what will be, if it is affirmed, a devastating defeat in its PSD/NSR enforcement initiative. In United...