“The Sixth Circuit Court of Appeals Rejects U.S. EPA’s Functional Interrelatedness Test for Air Aggregation”On September 28, 2012 by Schnader
Ronald S. Cusano authored the article “The Sixth Circuit Court of Appeals Rejects U.S. EPA’s Functional Interrelatedness Test for Air Aggregation” in the September 2012 edition of 4 The Record, a monthly publication of ALL4’s RegTech Group. The article discussed the implications of Summit Petroleum Corporation v. United States Environmental Protection Agency, Nos. 09-4348; 10-4572 (6th Cir. Aug. 7, 2012). In the case, which is an important ruling for industry, the Sixth Circuit vacated EPA’s determination that a gas company’s production wells and processing plant, which are spread over a 43 square mile area, constitute a single emissions source for permitting purposes under the Clean Air Act. The Court’s common-sense ruling held that facilities located miles apart cannot be considered “contiguous or adjacent” and classified as a single emissions source.