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United States v. Amereen Missouri Inc.

Citation: 47 ELR 20015
No. 4:11 CV 77 RWS, (D. Mo., 01/23/2017) (Sippel, J. )

A district court held that an energy company violated the CAA when it undertook major modifications at its power plant without getting the proper permits and installing the best available pollution control technology. The energy company operated a plant that included two grandfathered coal-fired electric generating units. The two units fell into disrepair and required redesigned replacement parts to be brought back online. EPA contended that these modifications triggered the company's obligation to conduct PSD review, secure the appropriate permits, and install required pollution controls, as it would lead to an increase in sulfur dioxide pollution. The court sided with the Agency, stating that the standard for PSD review was well established and that the energy company was well aware of the standard before it undertook the renovations.