Duke Energy recently failed in its effort to convince a court to allow it to perform a streamlined Maximum Achievable Control Technology (MACT) review for an addition it planned to its coal-fired power plant in Cliffside, N.C. Instead, the District Court for the Western District of North Carolina, Asheville Division, ordered Duke to perform a full MACT review to see if the expansion can meet the necessary air quality standards. Duke began construction at a time when it was not subject to MACT with an air quality permit issued by the N.C. Department of Air Quality. However, during construction, litigation against the EPA made the plant subject to the MACT standards. Duke offered to submit to a voluntary evaluation process, but the offer was rejected. The court did not stay the construction but instead opted to allow Duke to comply with the law or face an injunction.

Link to Triangle Business Journal article.