Supreme Court Accepts Review of Key Air Pollution Case
May 19, 2006
The Supreme Court has agreed to review a controversial ruling against the Sierra Club arising out of litigation against the Duke Energy Company in North Carolina. In 2000, the Sierra Club teamed up with EPA, Environmental Defense and Environment North Carolina to prosecute Clean Air Act violations against Duke Energy for evading the "New Source Review" rules that require modern pollution controls on coal-fired power plants. The Fourth Circuit Court of Appeals ruled in favor of Duke Energy, and the Club and its environmental partners petitioned the Supreme Court for review. Sadly, the Department of Justice, following the Bush administration's efforts to weaken the Clean Air Act, opposed review by the Supreme Court. Yet the Court decided to take the case, the first time it has done so over the objections of the White House in decades. The case will be heard in the autumn of 2006. Stay tuned for updates.
Details and Documents:
See other "Retiring Old Coal" cases.