February 28, 2017 Articles

The Sixth Circuit—Again!—Falls Down the Rabbit Hole of NSR Interpretation

As Alice in Lewis Carroll’s Alice in Wonderland would have said, the DTE Energy case only gets curiouser and curiouser.

Seth Jaffe

I have previously both acknowledged the accomplishments of New Source Review (NSR) enforcement efforts by the Department of Justice (DOJ) and simultaneously called for the NSR program’s demise. Indeed, I have asked the question: “Is this the most successful program that shouldn’t exist?”

Part of the Clean Air Act, NSR is, broadly, a permitting program for new and modified industrial factories. NSR permits are issued for stationary sources of air pollution before construction begins. One aspect of the program focuses on ensuring that any advances in pollution control are implemented with industrial expansion.

Premium Content For:
  • Litigation Section
Join - Now