The DTE Energy Saga: Part Two – Sixth Circuit, First Round

The DTE Energy Saga: Part 2 — Sixth Circuit, First Round

Posted by Eric L. Hiser, November 20th, 2017


The United States v. DTE Energy Co. case is one of the longest-running enforcement cases involving the post-NSR Reform PSD program. It has been litigated in district court, appealed to the Sixth Circuit, remanded, re-decided, and then re-appealed. This installment looks at the first appeal to the Sixth Circuit, United States v. DTE Energy Co., 711 F.3d 643 (6th Cir. 2013) (DTE II).
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