Recent Decisions Affecting EPA’s Ability to Enforce PSD/NSR Violations
By: Claire Brown, Associate Recent decisions by the Court of Appeals for the Third, United States v. EME Homer City[1] and Seventh, United States v. Midwest Generation,[2] Circuits are the newest additions to the growing body of case law concerning the Environmental Protection Agency’s (EPA) enforcement power under the Clean Air Act’s Prevention of Significant Deterioration and New Source Review Program (PSD/NSR Program). The EPA alleges nearly identical claims in both cases; former operators made substantial modifications to the power…