EPA Can Challenge Plant Emissions Projections, 6th Circ. Says

Law360, New York (March 28, 2013, 4:23 PM EDT) -- The Sixth Circuit on Thursday backed the U.S. Environmental Protection Agency’s right to challenge emissions projections made by power plants and other pollution sources seeking to upgrade facilities without obtaining Clean Air Act permits.

In a split decision, the three-judge panel reversed a Michigan federal court’s ruling after finding that the EPA is within its rights to question the adequacy of pre-construction emissions projections undertaken by companies like appellee DTE Energy Inc. and, if necessary, bring subsequent enforcement actions.

The lower court had held that the...
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