Analysis: EPA's Petition for Reconsideration in Ameren, by Eric L. Hiser

In this installment, we examine the United States v. Ameren Missouri litigation over whether Ameren’s installation of replacement preheaters at its Rush Island power station Units 1 and 2 constituted a “major modification” requiring PSD review. It is unusual for PSD cases to go to trial or appeal. The petition for rehearing of the panel decision thus provides an opportunity to evaluate both Ameren’s and the government’s position on several PSD issues. This installment will evaluate EPA’s issues, which was whether the Eighth Circuit panel decision had “overlooked and misapprehended points of law and fact when it vacated the district court’s mitigation order” against the Labadie plant....Read More