The U.S. Supreme Court has agreed to resolve a dispute that concerns the interpretation of two important and related Clean Air Act provisions — the New Source Performance Standards (NSPS) and the Prevention of Significant Deterioration (PSD) requirements. 42 U.S.C. �7411 and ��7470-92. The case involves the application of the CAA regulations to eight coal-fired electricity generating plants located in the Carolinas. U.S. v. Duke Energy Corp., 411 F.3d 539 (4th Cir. 2005), cert. granted Environmental Defense v. Duke Energy Corp., 2006 WL 1310699 (2006).
In the 4th Circuit, New Jersey and a number of other states concerned with interstate transport of air pollution, participated as amici in support of the U.S. Environmental Protection Agency’s and environmental groups’ position. Several coal-mining and coal-burning states took a contrary view, siding with Duke Energy.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
