Utility industry officials are welcoming a U.S. Court of Appeals for the 6th Circuit ruling granting EPA only a limited remand of a lower court ruling restricting its ability to file Clean Air Act new source review (NSR) enforcement actions before a project is begun, saying despite the remand many of the lower court's findings remain in place. NSR requires existing facilities that undertake projects that increase emissions to install modern pollution controls, and EPA in the 6th Circuit appeal claimed a federal district court in Michigan erred when it sided with Detroit Edison (DTE) in its challenge of EPA's use of pre-construction emissions data to argue a DTE facility needed an NSR permit. A three-judge panel of the 6th Circuit in a 2-1 March 28 ruling reversed and remanded the lower court ruling. The ruling is available on InsideEPA.com. See page 2 for details.
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