After Doj Admits Error,activists Ask High Court To Reverse Nsr Ruling

摘要

Environmentalists are asking the Supreme Court to bypass oral argument in a key new source review (NSR) case they have asked the court to review,instead asking justices to immediately find for them on the merits and reverse a lower court's ruling after the Department of Justice (DOJ) admitted the decision in its favor was in error. If environmentalists prevail in National Parks Conservation Association [NPCAJ,et al.v.Tennessee Valley Authority [TVA],it would allow them to file citizen suits to force facilities to install pollution controls triggered by past modifications even after a five-year statute of limitations expires.NPCA and EPA have long taken the position that the statute of limitations does not apply to illegal facility modifications because the modification creates an "ongoing" violation in the form of excess emissions.