Energy & Environmental Law Blog

Energy & Environmental Law Blog

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Tag Archives: Aggregation

D.C. Circuit Strikes Down U.S. EPA Aggregation Memo

Posted in Energy, Environment
On May 30, 2014, the U.S. Court of Appeals for the D.C. Circuit struck down U.S. EPA’s attempt to limit the jurisdictional scope of the Sixth Circuit’s 2012 decision in Summit Petroleum Corp. v. EPA. In Summit, the Court held that “EPA’s determination that the physical requirement of adjacency [for purposes of aggregating multiple emission sources… Continue Reading

Air Act Aggregation Win for Summit Petroleum

Posted in Energy, Environment
Yesterday, the U.S. Court of Appeals for the Sixth Circuit issued its decision in the Summit Petroleum case rejecting USEPA’s attempt to aggregate production and processing facilities as one “stationary source” for Title V permitting. This decision overturns USEPA’s long-standing requirement that permitting authorities must look at the “functional relationship” between two or more separate… Continue Reading