• Recent Federal Court Rulings On EPA'S Utility New Source Review Enforcement Initiative
  • November 18, 2003
  • Law Firm: King & Spalding LLP - Atlanta Office
  • In November 1999, pursuant to "one of the largest investigations in the history of EPA," the U.S. Environmental Protection Agency (EPA) filed lawsuits against seven electric utilities with coal-fired generating plants, alleging that the utilities had improved their plants without obtaining appropriate permits or installing best available control technology under the Clean Air Act New Source Review (NSR) program. EPA also issued an administrative compliance order (ACO) against the Tennessee Valley Authority (TVA) based on similar allegations. Two federal courts have recently issued important rulings in these NSR enforcement cases.