Judge Restricts EPA Actions Based On Emissions Estimates

Law360, New York (March 5, 2014, 2:15 PM EST) -- A Michigan federal judge on Monday blocked a U.S. Environmental Protection Agency's preliminary injunction request for a DTE Energy Co. power plant operating permit and placed limits on the government's ability to bring actions based only on preconstruction emissions estimates.

U.S. District Judge Bernard A. Friedman said the EPA does not possess “unfettered authority” to challenge the methodology and factual assumptions that DTE used to predict its emissions, granting summary judgment to the energy company in a case that was remanded from the Sixth Circuit....
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