Some Fear Ruling Barring NSR Relief At ‘Innocent’ Plant Sets Bad Precedent

EPA’s petition asking a federal appellate panel to reconsider its ruling barring a lower court from ordering injunctive relief at an “innocent” coal-fired power plant owned by the offending company highlights what some Clean Air Act experts say is a bad precedent that could have adverse impacts for future regulatory efforts. However, the sources note there is no guarantee that the U.S. Court of Appeals for the 8th Circuit will accept the Department of Justice’s (DOJ) Oct. 18 petition for...