Client Alert

U.S. Supreme Court Upholds EPA’s Interpretation of Emissions Increase Under the New Source Review Program

June 04, 2007

Chuck Patrizia, Lisa Rushton, and Jennifer Shea

On April 2, 2007, a unanimous U.S. Supreme Court issued its much anticipated decision in Environmental Defense v. Duke Energy Corp., No. 05-848 (Apr. 2, 2007). In vacating a decision by the Fourth Circuit in Duke Energy’s favor, the Court settled a split between the Fourth and D.C. Circuits concerning the reach of “modification” under the Prevention of Significant Deterioration program of the Clean Air Act.

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