Eric Boyd Quoted in Law360
“EPA May Regret 6th Circ. Clean Air Win”

Seyfarth Shaw Environmental, Safety & Toxic Torts partner Eric Boyd is quoted in an April 3 Law360 article discussing a case supporting the Environmental Protection Agency's authority to challenge a company's projections demonstrating that a plant modification is not a major modification triggering the requirements of the Prevention of Significant Determination (PSD) or non-attainment New Source Review (NSR) programs. The EPA has allowed for such an approach for over ten years.

Eric said that this case "reveals an uncomfortable tension between the seeming permissiveness of the regulatory changes and the authority sought by the agency in conducting enforcement actions."

He said, "On the regulatory side, they allowed this new rule, but on the enforcement side they're saying, 'We didn't mean that, and we're going to challenge your projections even if it seems like our regulations allow you to do that.' It's really a conundrum.” He suggests the ruling could have a negative impact on regulated industry, adding, "That's a major thing, allowing the EPA to second-guess a facility. It might chill legitimate plant expansion opportunities."