May 29, 2013 14:07 Age: 329 days

6th Circuit cites Nash article on environmental grandfathering in EPA case

In its recent opinion in United States v. DTE Energy Co., the U.S. Court of Appeals cited a law journal article co-authored by Emory Law Professor Jonathan Nash and New York University School of Law Dean Richard Revesz. The case involved the scope of the Environmental Protection Agency's power of review under the Clean Air Act's New Source Review program. In upholding EPA's power, the majority opinion cited Nash and Revesz's 2007 Northwestern University Law Review article on Grandfathering and Environmental Regulation: The Law and Economics of New Source Review for the proposition that "New Source Review has given operators both the ability and the incentive to extend the life of existing sources instead of building replacements."

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Professor Nash’s profile

Read the full opinion

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