New Source Review Lawsuit Against Oklahoma Power Plant Dismissed Due to Lack of Jurisdiction

Jacob Hollinger said of a federal district court’s dismissal of an EPA lawsuit against an Oklahoma utility for allegedly violating the prevention of significant deterioration provisions (PSD) of the Clean Air Act, “The decision is one of the first to address the significance of changes made to the PSD regulations in 2002, and it illustrates some of the difficulties EPA is likely to have in proving violations of those regulations.”