State Acted Within Its Authority in Setting Best Technology Requirement, Court Says

摘要

A federal court has ruled that the North Dakota health department acted within its authority when it established best available control technology for a Center, N.D., power plant that differed from the Environmental Protection Agency's recommendation (United States v. Minnkota Power Co., D. N.D., No. l:06-CV-034, 12/21/11). Judge Daniel L. Hovland of the U.S. District Court for the District of North Dakota ruled Dec. 21 that while the state's choice of technology was different from that favored by the EPA, its decision was neither arbitrary nor capricious.