The United States Supreme Court today ruled that the U.S. Environmental Protection Agency’s (EPA) regulation of air pollution crossing state borders did not violate the Clean Air Act. Environmental Protection Agency. et al. v. EME Homer City Generation, L. P., et al., __ U.S. __ (April 29, 2014).
The High Court’s decision overturns an August…
Continue Reading Supreme Court Opinion May Compel Power Producers to Install New Control Measures or Force the Closing of Older Coal-Fired Plants
By Jeryl L. Olson, Eric E. Boyd, and Craig B. Simonsen
In a not unexpected final rule issued today by the U.S. Environmental Protection Agency (EPA) it has listed the “Chicago-Naperville, IL-IN-WI Nonattainment Area” as marginal nonattainment. 77 Fed. Reg. 34221 (June 11, 2012). The rulemaking promulgates the initial air quality designations for twelve counties in Illinois, Indiana, and Wisconsin…
Continue Reading EPA Designates the Chicagoland Area as Marginal Nonattainment for Ozone
By Jeryl L. Olson and Craig B. Simonsen
In United States v. DTE Energy Company, Docket No. 10-13101 (E.D. MI, Aug. 23, 2011), Judge Bernard Friedman recently found for the defendant, DTE Energy Company (DTE) in a New Source Review (NSR) permit dispute. In the complaint, the United States alleged that DTE violated the Clean Air Act (CAA) and…
Continue Reading District Court Finds That 2002 NSR Rules Provide Source Operators with Flexibility
