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Ameren Missouri Legal Department

Unit Description: Included: Callaway Work Management employee with the position title of Planner. Excludes: Managers, professional staff and custodians within the meaning of the law. Given the EPA`s recent defeats in its NSR enforcement initiative, it is likely breathing relief after last week`s U.S. decision against Ameren Missouri over the Ameren coal-fired power plant at Rush Island. It is true that the court rejected the EPO`s requests for summary judgment. However, it also rejected Ameren`s claims, probably leaving the EPO with a better feeling than Ameren about its prospects in court. Plus I`m not sure it`s really news at this point, but earlier this week, Ameren Missouri announced that it would prematurely shut down its Rush Island Energy Center power plant instead of spending money to install flue gas desulfurization technology in response to an injunction issued after the District Court ruled that the Rush Island facility violated the air quality. As Ameren noted in his court filing in January, I found that Ameren Missouri had surrendered to defend the Department of Justice`s NSR enforcement actions regarding the Rush Island production facility. Ameren Missouri has submitted a proposal to the court to close Rush Island prematurely instead of installing expensive equipment to combat pollution. Rush Island`s early retirement will have a much more beneficial impact on the environment.

None of this was really new anymore. What was new was that the DOJ (and the Sierra Club) rejected Ameren Missouri`s proposal. More last Monday, Judge Rodney Sippel ruled in a comprehensive 189-page statement that Ameren Missouri violated EPA PSD regulations by not obtaining permits for upgrades in 2007 and 2010 at its Rush Island facility. As I noted, when Justice Sippel dismissed the cross-motions for a summary verdict, the result was not really a surprise. The Folder Activity list does not reflect all actions in this case. After losing in the liability phase, Ameren made three attempts to avoid an injunction. The 8th Circuit Court of Appeals largely upheld an order from a district court that found that Ameren Missouri violated the NSR provisions of the Clean Air Act by making major changes to its Rush Island facility. The Court of Appeals rejected the District Court`s request that Ameren Missouri make improvements to its nearby Labadie facility that did not violate the CAA. * This document may require redactions before it can be displayed. To obtain a copy, please submit a request through our FOIA office. Late last month, federal Judge Rodney Sippel ruled that the EPA could seek an injunction against Ameren Missouri as part of the longstanding lawsuit against the application of the NSR on Ameren`s Rush Island plant.

The court had previously ruled that Ameren violated the Clean Air Act by failing to obtain PSD approval before making significant changes to the facility. According to Inside EPA (subscription required), the Department of Justice (and the Sierra Club) opposed Ameren`s request in Missouri to prematurely close its Rush Island production plant instead of installing equipment otherwise needed to combat pollution. You may be wondering why the Department of Justice is against the closure of a coal-fired power plant. Like Tevye in A Fiddler on the Roof, I`ll tell you. Moreover, Justice Sipel`s decision is not based on an extreme interpretation of the law. More.

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