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United States v. Ohio Edison Co.

276 F. Supp. 2d 829 (2003)

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United States v. Ohio Edison Co.

United States District Court for the Southern District of Ohio
276 F. Supp. 2d 829 (2003)

Facts

Congress passed the Clean Air Act (CAA) in 1970, which requires plants built after 1970 to comply with stringent air quality standards. Plants built before 1970 are exempt from these standards unless there is a modification at the plant. The Environmental Protection Agency, through regulation, defined modification to include activities that involve both a physical change to the plant and a resulting increase in emissions. The EPA specifically excluded routine maintenance, repair, or replacement from the definition of modification. The EPA and the states of Connecticut, New Jersey, and New York (plaintiffs) filed a lawsuit against Ohio Edison Co. (defendant), asserting that certain projects that were completed on seven electric generating units at Ohio Edison’s Sammis Plant were modifications, thus requiring Ohio Edison to bring the units into compliance with the air quality standards set by the CAA.

Rule of Law

Issue

Holding and Reasoning (Sargus, J.)

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