EPA could face a significantly shorter time-frame for filing new source review (NSR) enforcement cases following two recent federal appeals court rulings that imposed new limits on when the agency can bring such suits, sources say, threatening to permanently narrow the scope of EPA's NSR enforcement. "The window" for EPA to bring NSR claims — one of the agency's long-standing enforcement priorities — "is dramatically narrowed," one former EPA enforcement official says. But power industry sources say the convergence of the two decisions will mean EPA will simply need to act faster to bring NSR claims, rather than allow them to languish for years, or in some cases for decades.
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