"Duking" It Out

Law360 (April 30, 2007, 12:00 AM EDT) -- On April 2, 2007, the U.S. Supreme Court addressed what constitutes a “modification” at a facility that will trigger new source review (NSR) under the Clean Air Act (CAA). Environmental Defense v. Duke Energy Corp., No.05-848.

The decision is “round one” on the modification question, with the case remanded to the lower court for additional proceedings.

A final decision will affect all industrial plants subject to NSR and air permitting under prevention of significant deterioration (PSD) regulations.

Under NSR, major modifications—large emission increases resulting from physical...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.