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United States v. DTE Energy Co.

ELR Citation: 43 ELR 20070
Nos. 11-2328, (6th Cir., 03/28/2013)

The Sixth Circuit held that the CAA does not categorically prevent EPA from challenging preconstruction projections of whether and to what extent emissions will increase following construction. The preconstruction projection determines whether the project constitutes a “major modification” and thus requires a permit....

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