U.S. Court of Appeals for the D.C. Circuit

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Case Updates

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