Case Updates
U.S. Chamber and co-intervenors file brief urging D.C. Circuit to uphold EPA’s 2020 Project Emissions Accounting rule, which implements the Clean Air Act’s New Source Review (NSR) permitting program for existing major stationary sources
February 05, 2026
The rule pertains to step 1 of a two-step process for deciding whether an NSR permit is required. Under the rule, businesses may count both emissions decreases and increases from a project’s components in determining whether the project as a whole increases emissions and triggers step 2.
D.C. Circuit grants U.S. Chamber and coalition's motion for leave to intervene
September 24, 2025
Case challenging EPA’s New Source Review guidance put in abeyance
July 13, 2018
Click here to view the order.
U.S. Chamber and industry groups move to intervene in support of New Source Review guidance
June 25, 2018
The U.S. Chamber, with a coalition of business groups, filed a motion to intervene in support of the EPA in a D.C. Circuit case seeking to vacate a final rule issued by the EPA titled, “Project Emissions Accounting Under the New Source Review [NSR] Preconstruction Permitting Program.” If the environmental petitioners prevail, it would harm businesses that own or operate facilities that may no longer be able to consider emissions decreases from certain proposed projects at existing major stationary sources under Step 1 of the process for determining whether a project constitutes a major modification under EPA’s NSR regulations. As a result, certain projects or modifications that affected businesses may be considering or may consider in the future could be prevented from going forward or be significantly delayed, even though those projects would not result in a significant emissions increase and should not be treated under the existing regulations as requiring NSR permits or a complex emissions netting analysis.
Shannon S. Broome and Charles H. Knauss of Hunton Andrew Kurth LLP serve as co-counsel for the Chamber and other industry intervenors.
Case Documents
- Petition for Review -- Environmental Defense Fund v. EPA (D.C. Circuit).pdf
- Unopposed Motion to Intervene in Support of Respondents -- Environmental Defense Fund v. EPA (D.C. Circuit).pdf
- Order Granting Unopposed Motion to Hold Case in Abeyance -- Environmental Defense Fund v. EPA (D.C. Circuit).pdf
- Mandate to EPA -- Environmental Defense Fund v. EPA (D.C. Circuit).pdf
- Order Granting Motions for Leave to Intervene ISO Respondents -- Environmental Defense Fund v. EPA (D.C. Circuit)
- Petitioners' Opening Brief -- Environmental Defense Fund v. EPA (D.C. Circuit)
- Intervenors Brief -- Environmental Defense Fund v. EPA (D.C. Circuit)
- EPA Response Brief -- Environmental Defense Fund v. EPA (D.C. Circuit)