DOJ Urges Court To Reject DTE’s NSR Appeal To 6th Circuit Ahead Of Trial

The Department of Justice (DOJ) on behalf of EPA is strongly urging a federal court to reject Michigan utility DTE’s request to certify a potentially precedent-setting interlocutory appeal over a Clean Air Act new source review (NSR) liability determination against its subsidiary EES Coke ahead of a planned Sept. 15 NSR trial against the utility. In a Sept 5 filing in United States v. EES Coke Battery, et al. , DOJ urged Judge Gershwin Drain in the U.S. District Court...