EPA Urges High Court To Reject Bid To Hear 'Affirmative Defense' Appeal

摘要

EPA is urging the Supreme Court to reject a utility's appeal of a lower court ruling upholding the agency's decision to prevent Texas from granting industrial facilities an "affirmative defense" against Clean Air Act violations during planned startups and shutdowns, saying that the case lacks the national importance to warrant high court review. Texas utility Luminant Generation asked the Supreme Court June 24 to overturn a unanimous decision backing EPA's decision in Luminant Generation Co. LLC v. EPA by a three-judge panel on the U.S. Court of Appeals for the Sth Circuit. The utility has argued EPA exceeded its statutory authority by using a "policy preference" to reject Texas' judgment in its state implementation plan (SIP) on how to control air pollution in the state. EPA approved Texas' use of an affirmative defense for emissions associated with unplanned, or "upset," events that meant regulators would not pursue air law civil penalties for emissions that exceed permitted levels if a company can show that the reason for the excess pollution meets the agency's narrow definition of malfunction. But the agency rejected the state's attempt to expand the defense to also cover routine, planned emission events.