The case is expected to continue in the lower courts after the Supreme Court vacated an earlier decision by the United States Court of Appeals in Duke’s favour. The decision overturned rulings that an hourly emissions standard is appropriate when applying NSR standards. The lower courts ruled that work to maintain and increase the efficiency at Duke Energy’s Carolinas coal plants from 1988 to 1999 did not increase the plant’s hourly emissions – and therefore should not be subject to NSR review.
The Supreme Court considered only whether an hourly emissions standard was appropriate to use when triggering NSR and did not review what constitutes routine repair and replacement activities under NSR.
“We are disappointed the Supreme Court overturned the lower court rulings in our favour on this matter,” said Marc Manly, Duke Energy group executive and chief legal officer.
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