Van Ness Feldman's Stephen Fotis Quoted in Inside EPA on Retroactive EPA GHG Enforcement

October 5, 2010

Stephen Fotis was quoted in Inside EPA on new best available control technology (BACT), and the enforcement agreements for non-GHG pollutants to ensure that the facility meets the most up-to-date emissions limits rather than what was standard under BACT when the original alleged violation occurred.  Mr. Fotis said, "I am not agreeing with this logic," relating to using the approach to force GHG cuts, and followed with, "It is certainly possible that EPA or states that want to be aggressive on this [greenhouse has issue], or environmental groups could argue that you must treat the project as if it is being permitted today."

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