Thomas G. Hungar , Washington, D.C., for respondent United States in support of petitioners.
Carter G. Phillips , Washington, D.C., for the respondent Duke Energy Corporation.
Roger R. Martella, Jr. , Acting General Counsel, United States Environmental Protection Agency, Washington, D.C., Paul D. Clement , Solicitor General, Counsel of Record, Department of Justice, Washington, D.C., for the United States as Respondent Supporting Petitioners.
In the 1970s, Congress added two air pollution control schemes to the Clean Air Act: New Source Performance Standards (NSPS) and Prevention of Significant Deterioration (PSD), each of them covering modified, as well as new, stationary sources of air pollution. The NSPS provisions define the term...
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