Court Weighs EPA Permit Policy That Industry Says Is Freezing Construction

摘要

A key federal district court is poised to rule on industry arguments that EPA is unlawfully shifting its policy to require new facilities with pending permits to meet clean air rules issued after the permit application is filed, an approach that industry says is delaying permits to the point of establishing an effective construction freeze. While the challenge revolves around delay of a single permit for a proposed new power plant in California, which is held up in part due to EPA air quality standards for nitrogen dioxide (NO2) that EPA issued years after the application was filed, a legal ruling on the agency's policy could have broad ramifications for EPA, which is arguing that the court lacks jurisdiction on the matter.