RECENT FEDERAL DECISIONS

August 2005

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D.C. Circuit Vacates Parts of EPA’s 2002 Rule Regarding New Source Review Permit Requirements under the Clean Air Act
New York v. U.S. Environmental Protection Agency, ___F.3d___

The D.C. Circuit Court of Appeals conducted a lengthy review of a rule issued in 2002 by the EPA interpreting the Clean Air Act’s (CAA) New Source Review permit requirements. The court affirmed substantial portions of the rule, vacated parts of the rule exempting certain plant modifications from the New Source Review permit requirements, and found other claims by industry and environmental groups unripe for review.