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 enforcement of the Clean Air Act's new source review (NSR) and prevention of significant deterioration (PSD) programs.
To read the article, click here.
EPA today took action to aggressively advance the Administration's regulatory agenda and expand its control over the economy, despite Congress, and in defiance of the many lawsuits challenging the predicate endangerment determination. EPA regulatory Notice is 115 pages long. It is accompanied by a six page explanatory Fact Sheet. The Notice is tremendously significant with far-reaching consequences and requires careful analysis. What becomes immediately clear is that the Fact Sheet does not capture the economy-wide scope and ramifications of EPA's actions. According to EPA, Clean Air Act PSD permit requirements for cars, light trucks and what EPA calls "larger emitting facilities", i.e., power plants, refineries, large office and apartment buildings, factories, and, if environmental groups are successful in their litigation strategy, potentially all other sources emitting more than 300 tons of CO2 a year, will be triggered in January 2011.
More to follow in a couple days.
GT’s Environmental Practice is one of the largest and geographically broadest environmental groups in any law firmMore...
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