Led by California, 23 states, including Massachusetts, have sued the Trump administration challenging new federal regulations that strip the states’ authority to set their own vehicle emissions standards. On December 3, 2019, the administration moved to dismiss on procedural grounds, arguing that the D.C. District Court was the wrong venue, and that the case should have been brought before the D.C. Circuit for its direct review.… More
Tag Archives: potential emissions
Update on NSR Litigation: Cinergy Dodges a Bullet
In a crisply written opinion by Judge Posner, the 7th Circuit Court of Appeals just reversed a district court judgment against Cinergy in the NSR case involving Cinergy’s power plant in Wabash, Indiana, and directed that judgment enter for Cinergy. It is not obvious that the case will have wide applicability, but it is certainly worth noting.
The first key issue in Cinergy was whether proposed new projects would be subject to NSR review if they were expected to result in an increase in annual emissions or only if they would result in an increase in the hourly emissions rate. … More