April 17, 2019

Regional Report: EPA Region 5

Gary Pasheilich


On January 125, 2019, The U.S. District Court for the Central District of Illinois issued an opinion in NRDC v. Ill. Power Res. Generating, LLC, Case No. 1:13-cv-1181. The action deals with issues of liability for opacity exceedances where quarterly reports did not indicate being in a state of startup, malfunction, or breakdown, or where no report was submitted to the IEPA. In the opinion, the district court considered the motion for summary judgment of plaintiff environmental groups on issues related to the calculation of civil penalties and request for injunctive relief, but addressed a number of sub-issues and arguments, such as whether violations were double-counted for opacity and PM standards, the application of the 8-minute exemption (permitting between 30 and 60 percent opacity for a period of 8 minutes in any 60 minute period, but subject to further limitations) as applied to rolling periods, as well as the defendant’s argument of whether there was a genuine issue of material fact with respect to harm and whether the harm was outweighed by the costs of injunctive relief.

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