The litigation began when GEC
filed comments to Hercules’ Title V operating permit because it did not take
into consideration the cumulative impact of the major air pollution sources
operating within the small area around Brunswick. The U.S.
EPA issued the permit anyway
and GEC filed for an objection to the permit and then was forced to sue the
EPA to make a decision on the objections. The EPA then declined to object
and GEC was forced to appeal the
decision to the 11th Circuit Court of Appeals.
In their briefs, the State and
EPA disagreed on the effect of the Rule. Having backed themselves into a
corner, the EPA proposed eliminating the Rule. As a result, the Court has
postponed the oral arguments until the end of April.
We have filed
comments and objections to
the EPA’s proposed rulemaking. At this time, we do not know what EPA’s
final action on eliminating the Rule will be. Please check this website
periodically for further updates!