U.S. Supreme Court Overturns Duke Energy Decision

Law360, New York (April 2, 2007, 12:00 AM EDT) -- 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...
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