6th Circ. Overturns EPA Single Stationary Source Finding

Law360, New York (August 7, 2012, 6:56 PM EDT) -- The Sixth Circuit on Tuesday vacated a U.S. Environmental Protection Agency finding regarding its Clean Air Act permitting program, ruling that the agency unreasonably classified numerous Summit Petroleum Corp. facilities dispersed across a 43-square-mile area as a single stationary source.

In a 2-1 published decision, the appeals court shot down the EPA's contention that the company's natural gas sweetening plant and various sour gas production wells together fulfilled the statutory requirement of being located on adjacent properties because they are functionally related, finding that the agency's...
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