The EPA's Wabash Cannonball

Law360, New York (October 22, 2010, 11:45 AM EDT) -- In an Oct. 12, 2010, decision, the Seventh Circuit Court of Appeals ruled inadmissible U.S. Environmental Protection Agency testimony calculating emissions increases as a result of equipment replacement projects, and reversed a jury verdict against Cinergy Corp. for alleged new source review (NSR) violations at its Wabash, Ind., power plant. U.S. v. Cinergy Corp., ___F3rd. ___, 2010 LEXIS 20994 (7th Cir. 2010).

This decision undermines the EPA's long-standing approach to NSR enforcement against nonbaseload power plants, and may provide a basis to challenge the EPA's overall...
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