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U.S. v. CINERGY CORP.

No. 199CV01693LJMVSS.

384 F.Supp.2d 1272 (2005)

UNITED STATES of America, Plaintiff, State of New York, State of Connecticut, State of New Jersey, Plaintiff- Intervenors, Hoosier Environmental Council, Ohio Environment Council, Third-Party Plaintiffs, v. CINERGY CORPORATION; PSI Energy, Inc.; Cincinnati Gas & Electric Co., Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

As Amended September 8, 2005.

ORDER ON CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT REGARDING THE APPLICABLE TEST FOR EMISSIONS INCREASES

MCKINNEY, Chief Judge.

This matter is before the Court on the parties' request for the Court to decide the purely legal question of what test applies to determine whether an emissions increase occurs so as to trigger the Clean Air Act's ("CAA") New Source Review ("NSR") permit provisions...

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