In a 3-0 decision, an appeals court will not overturn the U.S. Environmental Protection Agency's call for more stringent pollution controls at St. Marys Cement plant in Charlevoix, Mich., reported the Petoskey News-Review. St. Marys Cement challenged the EPA's December 2012 rule that overturned Michigan’s regional haze plan and introduced more stringent standards for the company’s Charlevoix plant, arguing that the technology to reduce nitrous oxide emissions won’t work with its plant’s unique characteristics, and it cannot be forced to use the technology since its plant was never eligible.
The appeals court stated that the EPA “did not act arbitrarily or for that matter capriciously” when it refused to reconsider its rule. The EPA’s decision-making process was sound and it fairly addressed the cement maker’s concerns.
St. Marys Cement’s legal counsel said the company was disappointed in the ruling, but it respects the court’s decision. “St. Marys Cement is disappointed in the recent ruling by the United States Court of Appeals for the Sixth Circuit. The EPA asserted that our Charlevoix cement manufacturing facility is subject to certain requirements codified in 40 CFR 51.308. St. Marys Cement challenged the EPA’s position on a variety of legal grounds, but the Sixth Circuit sided with EPA on the issue. While we are disappointed in the outcome, St. Marys Cement respects the court’s decision and is currently considering its legal options,” stated the legal counsel.