The petition for review filed by major power companies for the Supreme Court review of the U.S. Court of Appeals for the Fifth Circuit’s decision regarding Texas State Implementation Plan (SIP) under the Clean Air Act (Act) has been denied.  SIP would have provided a civil penalties defense for excess air emissions during planned startup, shutdown and maintenance activities; however, the EPA disapproved the section of the SIP creating the affirmative defense to exceedences occurring during these events.  The Supreme Court was presented with two questions by Petitioners.  First, can the EPA, under the Act, disapprove a state plan for… Read more