As many readers of NSR Law Blog are aware, DTE Energy (DTE), the U.S. Department of Justice (DOJ), and the Sierra Club have been litigating alleged violations of the PSD preconstruction program at DTE’s Monroe plant for many years. On May 14, 2020, DOJ filed a proposed consent decree that would resolve the case at Monroe. The proposed consent decree also addresses several other DTE facilities. In a reported side agreement, DTE and Sierra Club have reportedly agreed that DTE will shut down four of its five remaining coal-fired units.
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