Subscribe to Earthjustice
   Please leave this field empty

New Source Review Equipment Replacement Loophole

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.
American Lung Association
Communities for a Better Environment
Environmental Defense Fund
Natural Resources Defense Council
Sierra Club
US Public Interest Research Group


Last Updated: June 30, 2010
Case Number # 3604