Legal Opinion
United States v. DTE Energy Co.
Court of Appeals for the Sixth Circuit
Decided January 10, 2017No. 14-2274/2275PublishedCited by 1 opinion
1Opinion of the CourtDaughtrey, J., joined by Batchelder, J.,
BATCHELDER, J. (pp. 741-45), delivered a separate opinion concurring in the judgment. ROGERS, J. (pp. 745-56), delivered a separate dissenting opinion.
OPINION
MARTHA CRAIG DAUGHTREY, Circuit Judge.
This case is before us for a second time, following an order of remand in United States v. DTE Energy Co. (DTE I), 711 F.3d 643 (6th Cir. 2013). As we noted there, regulations under the Clean Air Act require a utility seeking to modify a source of air pollutants to “make a preconstruction projection of whether and to what extent emissions from the source will increase following construction.” Id. at…
2Cases cited4 opinions
- New York v. U.S. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2005
- United States v. Cinergy Corp.Court of Appeals for the Seventh Circuit · 2010
- United States v. DTE Energy Co.Court of Appeals for the Sixth Circuit · 2013
- United States v. Cinergy Corp.District Court, S.D. Indiana · 2009
3Cited by1 opinion
- United States v. Ameren MissouriCourt of Appeals for the Eighth Circuit · 2021