Case Study: Summit Petroleum V. EPA

Law360, New York (August 24, 2012, 1:01 PM EDT) -- On Aug. 7, 2012, in Summit Petroleum Corp. v. U.S. Environmental Protection Agency, a panel of the United States Court of Appeals for the Sixth Circuit vacated a decision by the EPA that Summit Petroleum’s natural gas operations plant and wells located in a 43-square mile area near the plant were “adjacent” for air permitting purposes.

The decision is important because neither the gas plant nor the wells alone would have sufficient potential emissions to be considered a major source subject to stringent air requirements, but...
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