EPA Can't Bag Win In Duke Coal Plant Permitting Case

Law360, New York (March 17, 2014, 5:48 PM EDT) -- A North Carolina judge on Monday sent to trial the U.S. Environmental Protection Agency’s closely watched suit alleging Duke Energy Corp. improperly modified 13 coal-fired power plants, finding that the resulting emissions increases did not unequivocally trigger Clean Air Act permitting requirements.

U.S. District Judge William L. Osteen Jr. turned back the EPA’s motion for summary judgment on 14-year-old claims that Duke violated the CAA by causing emissions to rise beyond the caps in its generating units' Prevention of Significant Deterioration permits. The judge found that...
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