High court presses Duke case lawyers
High court presses Duke case lawyers
WASHINGTON - Through pointed questioning, several U.S. Supreme Court justices expressed doubts Wednesday on whether Clinton-era pollution regulations have been fair to Duke Energy Corp. and other utilities.
Justice Antonin Scalia said he feared changing the interpretation of U.S. Environmental Protection Agency smokestack regulations has had an unfair "whipsaw" effect on power companies.
Scalia was referring to the 1980 EPA regulation that governs emissions from smokestacks and whether power companies should be subjected to millions -- even billions -- of dollars worth of pollution control measures at aging plants.
"(Power companies) don't challenge regulations when they come out because as far as they know, the agency is interpreting them in a way they favor," he said to Sean Donahue, a lawyer for Environmental Defense, a coalition representing several environmental groups including the N.C.
