EPA May Regret 6th Circ. Clean Air Win

Law360, New York (April 2, 2013, 8:33 PM EDT) -- The U.S. Environmental Protection Agency appeared to score a big win last week when the Sixth Circuit backed its authority to challenge the emissions projections of power plants and other pollution sources, but experts say a closer look reveals that the decision could ultimately hobble the agency's ability to bring future enforcement actions.

On Thursday, a split appellate panel reversed DTE Energy Co.'s successful challenge to an EPA enforcement action over the utility's decision not to obtain a new Clean Air Act permit prior to undertaking upgrades to a Michigan coal-fired power plant. In doing so, however, the majority followed a...

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