On Rehearing, Eighth Circuit Again Upholds Minnesota Regional Haze Plan for EGUs
Posted on March 28, 2016
On March 10, 2016, the U.S. Court of Appeals for the Eighth Circuit vacated its decision of January 21, 2016, which upheld EPA’s approval of Minnesota’s regional haze plan for five electric-generating units (EGUs) whose emissions affect visibility in Minnesota’s two Class I federal areas: the Boundary Waters Canoe Area Wilderness and Voyageurs National Park. National Parks Conservation Ass’n v. McCarthy, — F.3d —-2016 (8th Cir., March 10, 2016). (For an overview of the decision, please see our blog post from March 14, 2016.) On rehearing, the court reached the same determination and issued an almost identical opinion to its original January 21 opinion. National Parks Conservation Ass’n v. McCarthy, — F.3d —- (8th Cir. 2016).