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United States v. DTE Energy Company

ELR Citation: 47 ELR 20007
Nos. Nos. 14-2274/227, (6th Cir., 01/10/2017)

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 new source construction. In March 2013, the appellate court reversed and remanded a district court ruling in favor of an energy company, which had held that preconstruction new source review enforcement is flatly unavailable if reporting requirements are met. On remand, the district court again entered summary judgment for the energy company, focusing on language in the appellate court's opinion to the effect that the regulations allow operators to undertake projects without having EPA second-guess their projections. But the appellate court again reversed and remanded the case to the district court, clarifying that EPA is not prevented by law or by its prior opinion from challenging preconstruction projections.