New York v. EPA
- Case Date: 11/25/2005
- Project Name: Environmental Law Project
On March 17, 2006, the U.S. Court of Appeals for the District of Columbia Circuit struck down the Environmental Protection Agency's (EPA) Equipment Replacement Provision (ERP) under the New Source Review (NSR) program. As a result, many existing power-generating facilities may now be forced to install expensive retrofit technology or shut down, thereby jeopardizing thousands of jobs and reliable energy supplies. The decision was a setback for WLF, which filed a brief in support of EPA's program; the program exempted routine maintenance and repair at existing facilities from costly anti-pollution measures. WLF noted that in the absence of the exemption, those increased costs would be incurred even when the routine maintenance and repair does not increase the level of atmospheric discharges. The appeals court ruled that the statutory language employed by Congress in adopting amendments to the Clean Air Act indicated an intent to create no exemptions from the NSR program.
More Information and Downloads:
11/25/2005: Download the Brief
Litigation Update: Court Strikes Down EPA's New Source Review Regulation