Wisconsin Electric Power Co. v. Reilly

893 F.2d 901 (1990)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

Wisconsin Electric Power Co. v. Reilly

United States Court of Appeals for the Seventh Circuit
893 F.2d 901 (1990)

  • Written by Tanya Munson, JD

Facts

Under the Clean Air Act (CAA), Congress required the Environmental Protection Agency (EPA) to regulate the emission of air pollutants from new sources by implementing new-source performance standards (NSPS). These NSPS addressed hourly emission rates and applied them to the construction of new sources and the modification of existing facilities that created new or increased pollution. Congress and the EPA defined “modification” to be any physical change in a stationary source that increases the amount of any air pollutant emitted. An emissions increase occurred if emission levels were higher after the modification compared to baseline emissions before the modification. Baseline emissions were to be calculated based on a test conducted under conditions representative of the performance of the facility. Wisconsin Electric Power Company (WEPCO) (plaintiff) operated an electric power plant north of Milwaukee that consisted of five coal-fired steam-generating units. WEPCO determined that components of the five units were severely deteriorating and needed extensive repairs and component replacements to operate at full capacity. The proposed renovation project included taking the units out of service to replace large steel drums, air heaters, and other parts. As required by state law, WEPCO submitted the renovation project proposal to the Wisconsin Public Service Commission. The commission consulted the Wisconsin Department of Natural Resources, which then consulted the EPA. WEPCO provided the EPA with preliminary baseline-emissions figures from 1978 to 1987. The EPA concluded that the project would subject the plant to NSPS regulatory requirements because it constituted a modification and that there would be an increase in emissions from a 1987 baseline for two units. WEPCO appealed the EPA’s determination and alleged the EPA misconstrued the CAA and its own regulations by determining that the project was not routine and by calculating baseline emissions based on 1987 instead of a representative year.

Rule of Law

Issue

Holding and Reasoning (Cudahy, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership