Babst Calland: Plain Meaning Prevails - 6th Circuit Overturns EPA's Single Source Determination. What's EPA's Next Step?

On August 7, 2012, the U.S. Court of Appeals for the Sixth Circuit published a decision that appears to be a victory in terms of how permitting authorities must decide which air permitting requirements apply to the oil and gas industry. However, a closer look at the Sixth Circuit's decision suggests...

U.S. EPA Creates Uncertainty in Appalachia with Air Quality Permitting Memorandum

By Armando F. Benincasa In the face of the Sixth Circuit Court of Appeals decision in late 2012 which struck down United States Environmental Protection Agency's (USEPA) use of "functional relatedness" in determining whether sources of air emissions should be aggregated for purposes...