Law360, New York (April 8, 2014, 5:40 PM EDT) -- While more than a decade has passed since the U.S. Environmental Protection Agency promulgated its reform New Source Review ("NSR") program in 2002,[1] there is still very little guidance from federal courts interpreting it. Even many cases currently in litigation are governed by earlier rules promulgated in 1980 for the Prevention of Significant Deterioration ("PSD") program[2] as the underlying allegations stem from conduct predating the EPA's adoption of the 2002 Rule or its incorporation into the relevant state implementation plan. Accordingly, it is only in the last two-to-three years that federal courts have had the opportunity to interpret how the EPA's changes in the NSR program play out in enforcement actions....