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PSI ENERGY, INC. v. EXXON COAL USA, INC.

No. 93-1088.

991 F.2d 1265 (1993)

PSI ENERGY, INC., Plaintiff-Appellee, v. EXXON COAL USA, INC., and Exxon Corporation, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided April 15, 1993.

Rehearing Denied May 20, 1993.

Attorney(s) appearing for the Case

Alan S. Brown, Robert F. Zoccola (argued), Thomas L. Davis, Locke, Reynolds, Boyd & Weisell, Indianapolis, IN, and Donald P. Bogard, Plainfield, IN, for plaintiff-appellee.

John D. Nell, William P. Wooden, Katherine L. Shelby, Mary L. Titsworth, Wooden, McLaughlin & Sterner, Indianapolis, IN, David J. Beck, Amy Murdock, Beck, Redden & Secrest, James K. Wilson, Exxon Coal and Minerals Co., Houston, TX, Robert Anthony Burgoyne, Keith A. Jones (argued), Fulbright & Jaworski, Washington, DC, and Richard J. Wilson, Fulbright & Jaworski, Houston, TX, Richard R. Wilson, Vuono, Lavelle & Gray, Pittsburgh, PA, for defendants-appellants.

Before BAUER, Chief Judge, EASTERBROOK, Circuit Judge, and REAVLEY, Senior Circuit Judge.

EASTERBROOK, Circuit Judge.

PSI Energy burns coal to supply southern Indiana with electricity. Increasingly stringent environmental regulation requires PSI to limit the sulfur dioxide emitted from its plants. To do this PSI must install "scrubbers," large devices that precipitate the sulfur out of the stack gasses and leave a noxious slurry of sulfur and limestone. High costs of removing sulfur from coal after combustion give a competitive advantage to coal that contains...

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