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ARTICLE · 09 MARCH 2016

NSR Enforcement Staggers On: A Split Decision In Missouri

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Given EPA's recent run of defeats in its NSR enforcement initiative, it's probably breathing a sigh of relief over last week's decision in United States v. Ameren Missouri...

United StatesEnvironment
Seth Jaffe
Seth Jaffe
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Given EPA's recent run of defeats in its NSR enforcement initiative, it's probably breathing a sigh of relief over last week's decision in United States v. Ameren Missouri, regarding Ameren's Rush Island coal-fired power plant. True, the court denied EPA's motions for summary judgment.  However, it also denied Ameren's motions and on balance probably left EPA feeling better than Ameren about its prospects at trial.  Fifteen years ago, this decision would probably have disappointed EPA.  Today, it is probably Ameren that is feeling disappointed.

It's a long decision, covering a lot of the key issues in NSR cases, so if you're an "air head", you're going to spend some time on this one.  Here are some of the highlights:

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