Eighth Circuit upholds EPA win in Ameren Missouri but rejects Labadie relief – Update from Jorden, Hiser & Joy

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 the full article by clicking here].