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United States v. Ameren Missouri

ELR Citation: 49 ELR 20174
Nos. 4:11 CV 77 RWS, (E.D. Mo., 10/22/2019) (Sippel, J.)

A district court granted in part a motion to stay its previous order requiring an electric utility company to obtain a PSD permit to address CAA violations at its coal-fired power plant in Festus, Missouri, and to install air pollution control technology at a neighboring plant in Labadie, Missouri. The company requested the order be stayed pending the outcome of its appeal before the Eighth Circuit, arguing the appeal raised issues of first impression and compliance with the order that would impose unrecoverable costs. The court found the company would be irreparably harmed if it was required to spend an unrecoverable $10 million on construction costs and site testing while the appeal was pending, but it also found that the excess pollution resulting from the company's failure to obtain a permit continued to harm the downwind communities in irreparable ways. It therefore granted the motion to stay insofar as the order required the company to commence any actual testing or construction at the Labadie plant, but upheld the requirement that the company obtain a PSD permit for the Festus plant.