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New Source Review Equipment Replacement Loophole

Case Overview

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.

Case Updates

January 10, 2006 | Legal Document

NSR Maintenance Loophole Petition for Review

Challenges the revisions to a key Clean Air Act program that would allow thousands of aging power plants and other industrial facilities nationwide to emit more air pollution (Oct 28, 2003)