RECENT FEDERAL DECISIONS

May 2006

To read this entire item of approximately 1800 words online now in PDF format: Click here to read this item if you are an existing subscriber to this publication. Click here to purchase the full text of this item to read now (price: $25). To subscribe to this publication and immediately access all its archives including this item, select the relevant publication under 'Catalogue' in the left-hand column PLEASE NOTE: to read PDFs on www.argento.com you must be using Version 5 of Acrobat Reader or Adobe Reader. If you have an earlier version you can download the latest free of charge by clicking here

D.C. Circuit Vacates EPA’s Equipment Replacement Amendment to the Clean Air Act’s New Source Review Routine Maintenance, Repair and Replacement Exemption
State of New York, et al. v. U.S. Environmental Protection Agency, ___F.3d___

On March 17, 2006, in the second of two recent decisions regarding New Source Review (NSR) reforms promulgated by the U.S. Environmental Protection Agency (EPA) in 2002 and 2003, the D.C. Circuit Court of Appeals considered challenges to EPA’s equipment replacement provision (ERP), which was intended to amend the controversial routine maintenance, replacement and repair (RMRR) exclusion.