Navigating the Clean Air Act

• Client: Dynegy Midwest Generation, Inc. and Illinois Power Company
• Date: 1999 - 2004
• Location: U.S. District Court, Southern District of Illinois

Summary:

Two Illinois electric companies were charged in an enforcement action that alleged several "modifications" across multiple operating units over a span of more than ten years, allegedly triggering the modification provisions of both the New Source Review and New Source Performance Standard programs of the Clean Air Act.

Schiff Hardin defended the companies through a complex web of discovery and motions over several years, including obtaining a favorable ruling on the applicability of the statute of limitations.

The matter culminated in a month-long trial, which included issues such as whether the projects were "routine" and whether the projects in questions were or should have been expected to cause an increase in emissions.

This was the first utility New Source Review enforcement case to be fully tried on liability issues, including presenting an affirmative response to the government's theories on such major issues as "routine" and the methodology for determining emission increases. The matter settled after trial but before decision by the court.

United States of America v. Illinois Power Company and Dynegy Midwest Generation, Inc., Civil Action No. 99-833 MJR in the U.S. District Court for the Southern District of Illinois