Duke Energy Can't Shake EPA's Clean Air Act Suit

Law360, Los Angeles (November 7, 2013, 6:32 PM EST) -- A North Carolina federal judge on Wednesday declined to dismiss the U.S. Environmental Protection Agency's suit alleging Duke Energy Corp. violated the Clear Air Act when it modified some of its plants, ruling Duke could not exclude government experts key to the EPA's case.

Duke had argued the government's expert testimony wouldn't establish causation between an increase in regulated emissions and modifications the company had made to some of its plants, but the EPA contended the plants were inoperable before the modifications and any emissions after...
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