"TRAVERSE CITY, Mich. — Government regulators can try to halt construction projects at power plants if they think the companies didn't properly calculate whether the changes would increase air pollution, a federal appeals court ruled Thursday, marking the latest twist in a decades-long fight over the Clean Air Act."
"The U.S. Environmental Protection Agency sued Michigan-based DTE Energy in 2010, because the company was replacing key boiler parts at its Monroe Unit 2 coal-fired power plant without installing pollution controls. The EPA said the controls were required because the utility was performing a major overhaul, but DTE argued the $65 million project was only routine maintenance and was therefore exempt.
A federal judge threw out the suit, saying the EPA went to court too soon. But the 6th U.S. Circuit Court of Appeals overturned that decision in a 2-1 ruling, saying the law doesn't block the EPA from challenging suspected violations of its regulations until long after power plants are modified."