In January, I noted that Ameren Missouri had surrendered in its defense of the NSR enforcement action brought by DOJ with respect to the Rush Island generating facility. Ameren Missouri submitted to the Court a proposal to shut Rush Island early rather than install expensive pollution control equipment.
None of this was really news. What was news was that DOJ (and the Sierra Club) opposed Ameren Missouri’s proposal. At the time, I speculated about whether DOJ was just posturing for negotiations regarding when Rush Island would shut down or whether instead DOJ might be “on its moral high horse” and looking to make “Ameren Missouri pay penance.”
I am pleased to report that, according to Inside EPA (subscription required), DOJ was indeed simply posturing for negotiations regarding when Rush Island would be required to shut down. It now supports the shutdown; the parties are merely arguing over the shutdown date.
I can’t imagine what might have made me think that DOJ would seek to require Rush Island to install pollution controls rather than shutting down completely, when it was clear to all rational observers that shutting down was both more efficient and the better environmental outcome!