Law360, New York (April 02, 2007, 12:00 AM ET) -- In a blow to utilities across the nation, the U.S. Supreme Court on Monday unanimously agreed to overturn a lower court’s decision in favor of Duke Energy Corp. in a long-standing dispute over Environmental Protection Agency rules and regulations.
The High Court’s ruling vacated a district court’s decision affirmed by the U.S. Court of Appeals for the Fourth Circuit that Duke did not violate EPA regulations by modifying a plant without a permit. The Justices found that the Fourth Circuit’s interpretation of the EPA’s rules was...