EPA Defends Startup, Shutdown Revisions At DC Circ.
Troutman Sanders lawyers Randy Brogdon, Margaret Campbell and Mack McGuffey were mentioned in a July 27 Law360 article about the U.S. Environmental Protection Agency asking the D.C. Circuit not to strike down the EPA’s decision to require 36 states revise emissions exemptions related to startup, shutdown and malfunction events.
A broad coalition of energy companies, utilities and industry organizations, along with several states and state agencies have challenged the action; they state it isn’t based on any new statutory requirement or the EPA’s issuance of new regulations. They also said the action isn’t mandated by any court decision or tied to any demonstrated air quality problem. The EPA, however, said it issued its “State Implementation Plan Call” for specific provisions that violate several “bedrock principles” of the Clean Air Act. The firm’s lawyers are representing Southern Company subsidiaries Southern Power Company and Georgia Power Company in the matter.