Appeals Court Denies Rehearing Requests In Key NSR Enforcement Case

A federal appellate court has rejected competing requests by the Justice Department (DOJ) and Ameren Missouri to reconsider a precedent-setting panel ruling that upheld prosecutors’ retroactive application of new source review (NSR) mandates as well as the power company’s challenge to a lower court’s remedy requiring controls at a nearby plant. The U.S. Court of Appeals for the 8th Circuit in a Nov. 30 order in United States, et al. v. Ameren Missouri, et al., denied all rehearing requests...