Law360, New York ( June 9, 2014, 11:06 AM EDT) -- On May 30, 2014, the D.C. Circuit vacated the U.S. Environmental Protection Agency's attempt to preserve an expansive view of what constitutes a single source of air emissions under the Clean Air Act. Specifically, in National Environmental Development Association's Clean Air Project v. EPA ("NEDACAP"),[1] the circuit court vacated a Dec. 21, 2012, EPA memo, the "Summit Directive," in which the agency sought to limit the applicability of the Sixth Circuit's decision in Summit Petroleum Corp. v. EPA.[2]...
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