DOJ Seeking To Identify Circuit Split In Bid For High Court NSR Review

摘要

The Department of Justice (DOJ) is actively reviewing appellate rulings on Clean Air Act new source review (NSR) enforcement in an effort to identify a case showing a "clear" enough circuit split to merit Supreme Court review, a top DOJ official says. One industry attorney says EPA and DOJ appear to be focusing on the question of whether alleged NSR violations are "ongoing" and continue to incur daily penalties, an approach the agencies favor but which courts have rejected, finding instead they are one-time events that have a limited window for prosecution.