In Win For EPA, 8th Circuit Backs Retroactive NSR Enforcement Power

The U.S. Court of Appeals for the 8th Circuit has ruled to largely uphold injunctive relief imposed on utility Ameren Missouri by a federal district court for violating the Clean Air Act’s new source review (NSR) requirement, safeguarding a major EPA enforcement tool and seeking to avoid a split with other courts on the same issue. In its Aug. 20 unanimous ruling in USA and Sierra Club v. Ameren Missouri , a three-judge panel upheld the key principle that courts...