Burr & Forman Attorney Scott Hitch Quoted in Law360
Scott gave insights on a recent ruling favoring the Environmental Protection Agency (EPA) that allows the organization to review data from companies that choose not to acquire a new permit for their facilities based on questionable preconstruction projections. However, the ruling leaves many industry experts wondering if the decision will ultimately limit the agency's ability to bring future enforcement actions. Hitch agreed that this leaves the door open for the EPA to "use its authority to obtain injunctive relief without a clear showing of increased emissions," adding that the decision is unlikely to deter the EPA's ongoing efforts to push the national power infrastructure away from aging coal-fired plants it sees as a source of global warming. The complete article is available to Law360 subscribers here.