Clean Air Act: new source review revisions could affect utility enforcement cases and public access to emissions data

Original publisher: [Washington, D.C.] : U.S. General Accounting Office, [2003] OCLC Number: (OCoLC)54344283 Subject: Air -- Pollution -- Government policy -- United States -- Evaluation. Excerpt: ... Table 1: Ongoing New Source Review Court Cases Involving Coal-Fired Power Plants, October 2003 Power Plants Sued Case Court Status U.S. v. Illinois Power Co. and Dynegy Midwest U.S. District Court, Liability trial held June 2003; closing 1 Generation Inc. Southern District of argument September 29, 2003; remedy trial Illinois not set U.S. and States of Conn., N.J., and N.Y. v. U.S. District Court, Liability trial begins June 1, 2005 6 Cinergy Corp. Southern District of Indiana U.S. and States of Conn., Mass., Md., N.J., U.S. District Court, Liability trial begins January 2005 11 N.H., N.Y., R.I., and Vt. v. American Electric Southern District of Power Service Corp. Ohio U.S. and States of Conn., N.J., and N.Y. v. U.S. District Court, Liability ruling in favor of U.S. issued August 1 Ohio Edison Co. Southern District of 7, 2003; remedy trial April 19, 2004 Ohio U.S. v. Georgia Power Co. and Savannah U.S. District Court, Administratively closed to await TVA 3 Electric & Power Co. Northern District of decision; court notified of decision; parties Georgia have not moved to reopen U.S. v. Alabama Power Co. U.S. District Court, Stayed 5 Northern District of Alabama U.S. v. Duke Energy Corp. U.S. District Court, Summary judgment granted in part and 8 Middle District of North denied in part on August 26, 2003; liability Carolina trial date continued; remedy trial not set Source: Department of Justice. Over the years since its inception, various aspects of the NSR program have been subject to litigation that resulted in court decisions affecting the program. For example, in 1990, the Seventh U.S. Circuit Court of Appeals 10 issued a decision in Wisconsin Electric Power Co. v. Reilly. EPA argued in the case that when Wisconsin Electric Power Company ( WEPCO ) was estim...