U.S., et al. v. Cinergy Corporation, et al.

Case Updates

The Seventh Circuit concluded that, in order to determine whether New Source Reviews pursuant to the Clean Air Act are required, companies should look to whether plant modifications would increase hourly emissions.

NCLC asked for the reversal of a lower court decision that applies burdensome emission restrictions to manufacturing companies. NCLC points out that routine industrial maintenance and repair projects should not constitute grounds for “new source reviews (NSR)” pursuant to the Clean Air Act. NCLC argued that a good reference point is a company's change in annual emissions. In light of the expensive and burdensome requirements of a New Source Review, the Clean Air Act and applicable regulations grandfathered older plants and required rigorous review only where a modification would result in major emissions changes. NCLC warned that that the EPA is pursuing a regulatory approach exceeding congressional intent for addressing NSRs.