The D.C. Circuit Court of Appeals recently upheld a 2002 EPA change to the Clean Air Act.

One of the matters of contention was the New Source Review, which requires plants to upgrade their pollution control technologies whenever they are modified.

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The Commons has had some great coverage, including this post which links to an article that finds that New Source Review actually leads to increased pollution, since it serves as a disincentive for plants to upgrade, so they wind up staying in operation and in high polluting mode longer than they would have if the rule were not in place.

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