On Friday, in the United States v. Midwest Generation, LLC appeal, the Seventh Circuit denied the government’s petition for rehearing and rehearing en banc of the court’s July 8, 2013 decision affirming the dismissal of certain PSD / NSR claims. The judges responded to the petition uniformly. No judge in regular active service requested a … Continue Reading
On September 3, 2013, the United States filed a petition for en banc and panel rehearing of the Seventh Circuit’s July 8, 2013 opinion in United States v. Midwest Generation, LLC. Resurrecting its prior arguments, the government asserts that the panel’s interpretation of the Clean Air Act’s Prevention of Significant Deterioration (PSD) requirements was “flawed” and … Continue Reading
On July 8, the landscape of new source review (NSR) / prevention of significant deterioration (PSD) case law received additional clarity when the Seventh Circuit issued its much anticipated decision in United States v. Midwest Generation LLC. The decision, penned by Chief Judge Frank Easterbrook for a three judge panel, affirmed the lower court’s March … Continue Reading
