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The Climate Litigation Database

Nucor Steel-Arkansas v. Big River Steel, LLC

About this case

Filing year
2014
Status
Opinion and order issued.
Docket number
3:14-cv-00193
Court/admin entity
United StatesUnited States Federal CourtsUnited States District Court for the Eastern District of Arkansas (E.D. Ark.)
Case category
Federal Statutory Claims (US)Clean Air Act (US)
Principal law
United StatesClean Air Act (CAA)
At issue

Documents

Filing Date
Document
Type
02/25/2015
Opinion and order issued.
The federal district court for the Eastern District of Arkansas dismissed a Clean Air Act citizen suit brought against a steel company by a rival steel company concerning a Prevention of Significant Deterioration permit issued by the Arkansas Department of Environmental Quality.  The plaintiff’s allegations included that the defendant had failed to satisfy Best Available Control Technology (BACT) requirements, including by conducting an improper greenhouse gas BACT analysis and by improperly eliminating carbon capture and sequestration as a control technology. The court dismissed the action as an impermissible collateral attack on a state-issued air permit.
Decision

Summary

Citizen suit brought by steel company to challenge air permits for rival company’s facility.