Sixth Circuit Finds EPA Aggregation Approach Does Not Add Up

September 6, 2012
Todd D. Kantorczyk
Association of Corporate Counsel's "Green-house Counsel"

Last month, in Summit Petroleum Corp. v. US EPA, a split panel of the United States Court of Appeals for the Sixth Circuit rejected an EPA determination that a group of natural gas sources constituted a single major source for purposes of Title V permitting where EPA based its determination, in part, upon its longstanding practice of evaluating the functional interrelationship of the sources. While the decision will certainly have a significant impact on the growing domestic oil and gas industry (and its vocal opponents), in-house counsel should note that the ruling could also affect any operation faced with the question as to whether the emissions from two or more sources may be aggregated to determine major source air permitting applicability.

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