Today, the U.S. District Court for the Middle District of North Carolina issued an opinion in United States v. Duke Energy Corp. that will be of interest to clients with fossil fuel-fired electric generating units. This is the case that went to the U.S. Supreme Court in 2006 on the emissions test for “modifications” to existing units under the New Source Review (NSR) permitting program of the Clean Air Act (CAA). After years of litigation in the district court, Judge Osteen issued the attached opinion denying Duke’s motion for summary judgment and Duke’s motion to exclude the opinions of Environmental Protection Agency (EPA) experts.
Read more here.