Jul 31, 2026
DC Circuit Upholds Project Emissions Accounting – Update from Hiser Burggraff Curtis
Posted by Eric L. Hiser
On July 28, 2026, the District of Columbia Circuit Court of Appeals (DC Circuit) released its decision in Environmental Defense Fund v. Environmental Protection Agency, No. 18-1149, a consolidated case hearing multiple challenges brought by environmental groups against EPA’s project emissions accounting (“PEA”) rule. In a significant win for EPA, the DC Circuit upheld the PEA Rule against all facial challenges to its validity, although it left open the possibility of an “as applied” challenge…