8th Circuit Confirms Retroactive, New Source Review Enforcement Power

Smith Gambrell Russell

Smith, Gambrell & Russell, LLP

The U.S. Court of Appeals for the 8th Circuit has ruled that the EPA may pursue injunctive relief against emission sources for past violations of new source review (NSR) permit requirements under the Clean Air Act. In the suit, the EPA was pursuing Ameren, Missouri, a coal-fired power plant, for the company’s failure to obtain a prevention of significant deterioration (PSD) permit for “major” modifications to its Rush Island power plant. The EPA argued that Ameren should have conducted a PSD permit review, and based on projected emission increases, that the facility should have applied the “best available control technology (BACT)” which is the most stringent level of emissions control available. The case was a test of the EPA’s ability to obtain injunctive relief for past violations of NSR rules. In a unanimous opinion, the Appeals Court agreed that the plain text of the Clean Air Act authorized the injunctive relief and that the EPA could require retroactive application of PSD permitting and BACT technology.

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.

© Smith Gambrell Russell | Attorney Advertising

Written by:

Smith Gambrell Russell

Smith Gambrell Russell on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.