In This Issue:

- Challenge to Coal Plant's Modified Air Permit Fails

- Electric Reliability Project to Include Focus on Outages

- Michigan Shorts

- Consumers Energy May Terminate Case for New Gas Plant

- Pulling the Plug

- Retrospective

- Alternatives to Watt's New

- Looking to the Future

- Excerpt from Challenge to Coal Plant's Modified Air Permit Fails:

The Sierra Club challenged the Michigan Department of Environmental Quality’s (MDEQ) issuance of modified air permits to the Detroit Edison Company (DTE) in 2010 and 2012. The allegations were that MDEQ failed to impose the appropriate Clean Air Act limitations on DTE’s Monroe coal-fired generation units in granting amended air permits which called for emission reductions due to the installation of pollution control equipment. All challenges had earlier been rejected by the trial court. On November 21 the Michigan Court of Appeals affirmed, citing as one of the reasons that the new air permits called for reductions in emissions and “statutes should be construed to avoid absurd consequences.”

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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