Monday, June 2, 2014

National Environmental Dev v. U.S. EPA

<> National Environmental Dev v. U.S. EPA - 5/30/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 13-1035. In December 2012, two months after EPA's petition for rehearing was denied in Summit Petroleum, the Director of EPA's Office of Air Quality and Standards wrote a directive to the Regional Air Directors of each of the ten EPA regions "to explain the applicability of the decision by the [Sixth] Circuit Court of Appeals." Applicability of the Summit Decision to EPA Title V and NSR Source Determinations (Dec. 21, 2012), reprinted in Joint Appendix ("J.A.")("Summit Directive").

    The Panel in this case granted the petition for review and vacated the Summit Directive.