New Source Review (NSR) cases

Brattle experts have been at the forefront of the major New Source Review (NSR) cases over the past decade, providing defendants with a breadth of analytic support and expert testimony in cases brought by the U.S. Environmental Protection Agency (EPA) and U.S. Department of Justice (DOJ), states, and advocacy groups. These cases have focused on the emissions consequences of historic maintenance projects, and Brattle experts have successfully countered the plaintiffs’ experts’ theories and empirical findings with credible and persuasive alternatives. In addition to litigation support, Brattle experts assist generation owners in NSR-related compliance analysis, as ongoing NSR scrutiny requires many generation owners to reassess current compliance liabilities and assess the NSR implications of future capital projects at existing plants.