NOx 126 Rule Litigation - Decision Released Today

The Federal Appeals Court ruling in the litigation over the EPA's Section 126
NOx Rule was just released. From a quick scan it looks like the court
mostly upheld the EPA positions, and the Rule will go forward as planned
(impelmentation May 2003).

However, there are a few things remanded to the EPA for review and it's
possible this along with the delay associated with these remands could cause
a delay in implementation. I'm also picking up from EPA sources that there
may be an effort underway to examine EPA's legal options for synchronizing
the 126 and NOx SIP implementation dates to summer 2004.

I am reviewing the ruling in more detail and will have more detailed analysis
to you shortly.

Jeff

PS Here's a link to the full ruling if any of you aspiring lawyers want to
take a look yourself....

http://pacer.cadc.uscourts.gov/common/opinions/200105/99-1200a.txt

Jeffrey Keeler
Director, Environmental Strategies
Enron
Washington DC office - (202) 466-9157
Cell Phone (203) 464-1541