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Sierra Club Challenge to Coal Plant Air Permit Fails

The Sierra Club challenged the issuance of modified air permits to the Detroit Edison Company by the Michigan Department of Environmental Quality in 2010 and 2012. The allegations were that MDEQ failed to impose the appropriate Clean Air Act limitations on DTE's Monroe facility's coal-fired generation units in granting amended air permits which called for emission reductions due to the installation of pollution control equipment. 

All challenges had earlier been rejected by the trial court. On November 21 the Michigan Court of Appeal affirmed, citing as one of the reasons the reductions in emissions under the new air permits: "statutes should be construed to avoid absurd consequences."

© 2022 Varnum LLPNational Law Review, Volume III, Number 343
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About this Author

Bruce Goodman, Environmental lawyer, Varnum
Counsel

Bruce practices energy law, environmental law, and construction law. His energy background includes negotiating electric power sales agreements (both for wholesale sellers of energy and for retail consumers of energy) state electric rate cases, developing municipal energy tariffs, and energy project structuring and permitting. For years, he published a blog focused on alternative energy developments in Michigan. Most recently he has been involved in various alternative energy projects, including wind energy, biofuels and solar projects.

His environmental experience includes air...

616-336-6574
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