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New Source Review Equipment Replacement Loophole

Case Number # 3604

When power plants and other major facilities make emissions-increasing changes, the Clean Air Act requires them to protect air quality and apply up-to-date pollution controls. Earthjustice went to court to challenge an EPA rule that carves out a major loophole in this requirement. On April 2, 2007, the Supreme Court ruled that the Clean Air Act does require older power plants to have current air pollution controls when they are upgraded.

Press Releases

Monday, April 2, 2007
Unanimous decision overturns lower court ruling
Wednesday, November 1, 2006
Earthjustice litigation pivotal in turning back weak EPA New Source Review rules, protecting public health
Friday, March 17, 2006
Ruling blocks thousands of facilities from increasing pollution
Tuesday, June 7, 2005
Agency's agenda now undermining enforcement
Monday, November 17, 2003
Public health and environmental groups ask court to block Bush Administration revisions to crucial Clean Air Act provisions
Monday, October 27, 2003
Revisions threaten health of millions of Americans, plaintiffs charge