Electric utilities, construction interests and environmental groups have Nov. 1 circled on their calendars. That is the day the U.S. Supreme Court will hear oral arguments in a case focused on whether upgrades to aging coal-fired powerplants violated the Clean Air Act.
At issue in the case, Environmental Defense v. Duke Energy Corp., is whether the Environmental Protection Agency properly interpreted the clean air law's "new source review" rules in 1999 when it found that 29 projects at eight Duke Energy generating units resulted in higher annual emissions at the sites.