8th Circuit Rulings Maintain Trump-Era ‘Common Control’ Air Permit Policy

Two recent rulings from the U.S. Court of Appeals for the 8th Circuit leave in place Trump-era determinations from state and federal air regulators allowing a coal-fired power plant, mine and associated facilities to avoid “aggregation” as a single pollution source under the doctrine of “common control,” preserving the policy status quo for now. In a 2-1 ruling issued Aug. 31, the court rejects the case of ranchers Casey and Julie Voigt, who contested the Clean Air Act Title...