AEP Must Install Scrubbers At Coal Plant, 6th Circ. Rules

Law360, New York (April 17, 2017, 4:24 PM EDT) -- The Sixth Circuit held Friday that it's the duty of AEP Generating Co., not the owners of an Indiana coal-burning power plant it operates, to install court-ordered "scrubbers" at the plant, overturning a lower court's interpretation of the parties' lease.

A three-judge panel overturned a district judge's grant of summary judgment to AEP, ordering the lower court to rule instead for the plant owners' trustee, Wilmington Trust Co. The appeals court held that the extension of a deadline for installing the emissions-reducing technology at the Rockport 2 facility does not, under the parties' lease, shift the responsibility for making those upgrades...

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