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Eighth Circuit upholds EPA win in Ameren Missouri but rejects Labadie relief, 8/25, 2021 Eric Hiser

On August 20, 2021, the U.S. Court of Appeals for the Eighth Circuit handed the U.S. Department of Justice (DOJ) and the U.S. Environmental Protection Agency (EPA) a major win in United States v. Ameren Missouri, No. 19-3220, upholding EPA’s right to seek injunctive relief for “wholly past” violations and rejecting Ameren’s state implementation plan (SIP) “modification,” burden-shifting, and jurisdictional claims. The Eighth Circuit did agree with Ameren, however, that the...Read More

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