FIRST-TIME NSR RULING ON 'EMISSIONS INCREASES' BACKS INDUSTRY

A federal appeals court has handed the utility industry a significant victory in a June 15 decision saying Duke Energy cannot be held in violation of the Clean Air Act without showing that modifications to its plants boosted hourly emissions rates. The 4th Circuit ruling in United States, et al. v. Duke Energy Corp . represents the first time an appeals court has ruled on the definition of "emissions increases" under EPA's utility sector new source review (NSR) enforcement initiative,...