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The NAM filed an amicus brief to seek to overturn a district court ruling that erroneously penalized an electric generating facility under the Clean Air Act and improperly imposed additional penalties on a separate and unrelated generation facility. Electric utility company Ameren undertook needed repairs to a coal-fired electric generation unit. The EPA then sued Ameren, claiming that the repairs failed to comply with the Act’s New Source Review provisions, which require permits for “major modifications” to generating units. A federal district court judge agreed with the EPA. For a remedy, the judge ordered Ameren to obtain the permit and ordered a decrease in emissions at a separate Ameren electric generating unit. On appeal to the 8th Circuit, the NAM filed an amicus brief that highlights the problematic consequences of this decision on generators and other facilities that require Clean Air Act permits. Unfortunately, on August 20, 2021, the court affirmed the lower court's liability determination as to one facility and reversed as to the unrelated facility.