Hi EnviroNetrs'

<Environmental Defense v. Duke Energy, the justices ordered a lower court to 
reconsider a ruling favorable to power plant companies that polluted the 
environment in upgrading their facilities. >

I haven't read the opinion, yet from other listenings the above isn't quite 
accurate.  Continuing to polute at old historic levels and refusing to upgrade 
to new technology is probably the real case.  One of the power plant issues 
involves maintaining their facilities and repairing or replacing equipment. When 
they have to do major fix ups the rules say they have to upgrade and go 
through an approval process. When they just maintain they don't have to 
upgrade. As you might guess the power companies maintain and add output 
when they have the rules bend their way.

The report I heard on this awhile ago was that their improvements to things 
like Mercury levels is going so slow that our children will be 100 before they 
get to the target clean air values.

Yours in Engineering, Dave