Loring Quoted on DC Circuit Reversal of EPA SIP Vetoes

Partner David Loring was quoted on the DC Circuit Court’s reversal of US Environmental Protection Agency (EPA) vetoes on state air quality plans that gave power plants and other energy facilities leeway in exceeding air emission limit when starting up.

The court ruled that the state exceptions weren’t necessarily illegal and added that the EPA had to formally qualify an “emission limitation” before vetoing the state implementation plan (SIP) provisions.

That said, David noted that even if the EPA does make such a finding and incorporates it into a future SIP veto, the decision won’t automatically be immune from litigation.

“I can certainly foresee the consequence of this decision being that EPA withdraws the SIP calls that it believes were inconsistent with the DC Circuit and issues a new SIP call making those ‘necessary or appropriate’ determinations,” David said. “And I would expect brand new litigation challenging the sufficiency of that necessary or appropriate determination.”

He added that the court’s decision “has guaranteed that there will be substantial future litigation” over any such future EPA findings.

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