Eighth Circuit Denies Rehearing in Ameren Missouri
In an Order issued November 30, 2021, the U.S. Court of Appeals for the Eighth Circuit rejected requests by both Ameren Missouri and the U.S. Department of Justice for rehearing or rehearing en banc of the court's earlier decision essentially affirming the Eastern District of Missouri's ruling holding Ameren Missouri liable for Prevention of Significant Deterioration (PSD) violations at its Rush Island plant but rejecting the district court's injunctive relief against the nearby Labadie power plant as exceeding the district court's Clean Air Act authority. Ameren had sought review of various rulings on the court's authority and whether certain provisions of the Missouri State Implementation Plan trumped the general PSD provisions while DOJ had sought review of the decision on injunctive relief.
This decision should bring to a close the Ameren Missouri litigation barring Supreme Court action.
Due to the unusual, litigated nature of this case, future issues of NSR Law Blog will take up both the Ameren and DOJ arguments in more detail. Stay tuned.