Duke-ing It Out at the High Court: The End of New Source Review?

Deck: 

To what extent can the EPA force utilities to update aging fleets with expensive pollution-control technology?

Fortnightly Magazine - February 2007
This full article is only accessible by current license holders. Please login to view the full content.
Don't have a license yet? Click here to sign up for Public Utilities Fortnightly, and gain access to the entire Fortnightly article database online.

Utility executives take notice: The U.S. Supreme Court will issue a contentious and potentially far-reaching Clean Air Act (CAA) decision soon in Environmental Defense v. Duke Energy Corp., a case involving the nation’s third-largest energy company. The Supreme Court heard oral arguments in early November and likely will issue an opinion before June 2007. Although the press has been focused on the other environmental case pending before the court, which deals with ability of the Environmental Protection Agency (EPA) to regulate greenhouse gases, the upside of the Duke Energy case for the electric industry could be much more significant—particularly for utilities with aging coal-fired fleets.

This full article is only accessible by current license holders. Please login to view the full content.
Don't have a license yet? Click here to sign up for Public Utilities Fortnightly, and gain access to the entire Fortnightly article database online.