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EPA Finalizes Key NSR Reform Rule That Will Allow Consideration of Emissions Decreases When Assessing NSR Applicability

On November 24, 2020, EPA published a final rule that changes how facilities can calculate their emissions when assessing permitting requirements under the Clean Air Act’s New Source Review (NSR) program. Under the final...more

Carbon Markets Roundup August 2019

B&D’s Carbon Markets Roundup covers domestic and international developments related to carbon pricing and related regulatory programs aimed at regulating or reducing greenhouse gas emissions. This edition of Carbon Markets...more

NRDC Files Court Challenge to Revived NSR Rule Almost a Decade After EPA First Published Its Project Aggregation Rule

After 10 years on ice, EPA’s 2009 project aggregation rule may finally see its day in court. On Monday, January 14, 2019, NRDC filed a petition for judicial review of EPA’s recent revival of a 2009 Rule that amended EPA’s...more

Energy Trends: Is EPA Entering Its “Development Phase” for Important Oil and Gas Rules?

One of this Administration’s top priorities is to improve the nation’s energy policy by removing unduly burdensome regulations. The past year has brought considerable EPA action on rules affecting electric utilities, with...more

EPA Continues Reforms to NSR and Other Clean Air Act Permitting Programs

On March 13, 2018, the U.S. Environmental Protection Agency (“EPA”) released a guidance memorandum announcing a new policy designed to clarify when a proposed project will trigger New Source Review (“NSR”) under the Clean...more

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