Simmons, Jannace & Stagg
Environmental Defense v. Duke Energy Corp.
In the case of Environmental Defense v. Duke Energy Corp., the United States took legal action against Duke Energy Corporation alleging that the company had infringed upon the Clean Air Act and the provision set forth in the Act that defines the measures for Prevention of Significant Deterioration. According to Environmental Defense, Duke Energy Corporation made twenty-nine alterations to its existing power generation facilities: the facilities were coal powered and therefore produced emissions. The alterations made by the company did not result in a higher level of emissions per hour; instead, the modifications enabled the facilities to run for longer periods. Thus, such alterations increased the amount of emissions entering the air regardless. Furthermore, by law, under the Clean Air Act, any company that desires to make facility alterations that will directly result in an increase in the amount of emissions that the facility will produce must first apply for a permit to do so.
When the case was reviewed in District Court it was dismissed during summary judgment on behalf of Duke Energy Corporation. The case was then turned over to the Forth Circuit Court of Appeals, which agreed with the District Courts decision to dismiss the case on summary judgment: a decision based on the contradictory interpretations of the Clean Air Act set forth by the Environmental Protection Agency. The case was again appealed and reviewed in Supreme Court. The Supreme Court overturned the rulings of the District Court and the Forth Circuit Court of Appeals, finding in favor of the Environmental Defense.
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