St. Marys Cement Inc. v. Envtl. Protection Agency, No. 13-3105 (6th Cir. 2015)
Annotate this CaseSt. Marys makes portland cement at a plant in Charlevoix. The Michigan Department of Natural Resources and Environment deemed the plant’s pollution controls sufficient and excused St. Marys from the retrofitting requirement under the Clean Air Act’s Regional Haze Rule, 40 C.F.R. 51.308–.309, which requires the states to determine which facilities within their borders create visibility-impairing pollutants that may “be emitted and transported downwind” to a federal park or wilderness area. States then must decide which of those sources are eligible for “Best Available Retrofit Technology.” The U.S. Environmental Protection Agency disagreed with the state and required the plant to add more stringent pollution controls. The Second Circuit upheld the EPA decision, rejecting challenges to EPA’s scientific and technological assertions concerning the plant’s nitrous oxide emissions, and a claim that St. Marys was exempt from the retrofitting requirement.
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