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Environmental Comm. of the Fla. Elec. Power Coord. Grp. v. EPA
(D.C. Circuit)
Challenging the EPA's effort to amend state plans regarding emissions during startups, shutdowns and malfunctions
The NAM sued the EPA in 2015 to challenge the EPA’s declaration that 36 states’ state implementation plans (SIPs) under the Clean Air Act are invalid because they allow air emissions in excess of permit limits during startup, shutdown or equipment malfunctions. That flexibility is important to manufacturers that might temporarily exceed permit limits for reasons beyond their control. The litigation has been held in abeyance since April 2017 while the EPA considers whether to revise or rescind the rule.
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