Judge Denies DTE Bid To Appeal Subsidiary’s NSR Liability On Eve Of Trial

September 12, 2025
A federal judge is denying Michigan utility DTE’s request to certify interlocutory appeal to the 6th Circuit and delay the start of a Sept. 15 bench trial to determine whether it is liable for violating Clean Air Act new source review (NSR) rules when its subsidiary EES Coke modified its plant in 2014 in violation of the program’s rules. In a Sept. 11 order in United States v. EES Coke Battery, LLC, et al. , Judge Gershwin Drain of the...


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