CASENOTE: ENVIRONMENTAL DEFENSE V. DUKE ENERGY CORP.: WHY POLLUTION IS STILL POLLUTION DURING NON-BUSINESS HOURS Skip over navigation
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Copyright (c) 2008 Great Plains Natural Resources Journal
Great Plains Natural Resources Journal

CASENOTE: ENVIRONMENTAL DEFENSE V. DUKE ENERGY CORP.: WHY POLLUTION IS STILL POLLUTION DURING NON-BUSINESS HOURS

Spring, 2008

Great Plains Natural Resources Journal

12 Great Plains Nat. Resources J. 171

Author

Philip Terwilliger+

Excerpt



I. INTRODUCTION
 
Environmental Defense v. Duke Energy 1 decided the question of whether Duke Energy Corporation violated the New Source Performance Standards (NSPS) 2 and the Prevention of Significant Deterioration (PSD) 3 amendments to the Clean Air Act (CAA) 4 when it redesigned several tube assemblies to allow the boilers of the coal-powered electric generation units in eight of its plants to run longer each day. 5 The controversy was ignited when the plaintiffs, United States and intervener Environmental Defense brought suit against Duke Energy Corporation. 6 The suit alleged that Duke violated the PSD by operating power plants without the proper permits for a modified stationary source of pollution. 7

This article examines the Supreme Court's decision in Environmental Defense v. Duke Energy Corporation. First, this article explores the relevant facts of the case. Second, the article examines the background information of the case. Next, the procedural history of the case is provided. Finally, the issues presented are analyzed. The foregoing section discusses the history and purpose of the CAA and its applicable amendments. The article continues with a discussion of the procedural history of the case, including an analysis of each court's reasoning in reaching their conclusions. A discussion of the issues surrounding this controversy follows. The author argues that the conclusions made by the Supreme Court were correct and the resolution of Environmental Defense v. Duke Energy was well-founded.

II. FACTS
 
Duke Energy Corporation (Duke) is a major power company based in ...
 
 
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