Subject: D.C. Circuit Decision May Significantly Impact the Process for Obtaining Clean Air Act Permits (Attorney Advertising)
From: "Skadden, Arps et al." <[email-masked]>
To: "Biden, R. Hunter" <[email-masked]>
Date: Thu, 28 Feb 2013 14:30:02 -0500

Skadden, Arps, Slate, Meagher & Flom LLP 
 
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Four Times Square
New York, NY 10036
www.skadden.com

The D.C. Circuit Court of Appeals has issued a decision that is likely to significantly impact parties seeking Prevention of Significant Deterioration permits to construct or modify major sources of air emissions. In Sierra Club v. EPA, the court held that the EPA did not have the legal authority to adopt exemptions that would allow permit applicants to avoid preapplication ambient air quality monitoring in connection with certain emissions if the impact is below the EPA's Significant Monitoring Concentration.

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