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Several Northeastern attorneys general filed a legal challenge to the Administration's new source review (NSR) policy last December. In January, another group of attorneys general are intervening in the case in support of the NSR changes.
The supporting states include: Virginia, South Carolina, Indiana, Kansas, Nebraska, South Dakota, North Dakota, and Utah.
In support of the intervention, the Electric Reliability Coordinating Council (ERCC) said, "The northeastern lawsuit was designed to undermine bipartisan, decade-long efforts to improve and clarify a Clean Air Act program, known as New Source Review. The intervening states believe that, if the North-eastern challenge were to succeed, the effect on them would be to increase governmental costs, to restrict enforcement options, and to frustrate achievement of the Clean Air Act's goals in a more efficient manner.
"The states that have intervened today support the notion that a clear and flexible NSR program better protects the environment by allowing for appropriate ...