The judge ruled that FirstEnergy should have determined that the upgrades would increase pollution emissions.
The Justice Department said FirstEnergy was required to install the best available pollution control technology when work was carried out between 1984 and 1998, arguing that the additional controls were necessary because the improvements were major modifications that extended the plant’s life and increased its capacity.
FirstEnergy said that the work was routine maintenance. FirstEnergy claimed that tubes were replaced in the plant’s coal-burning equipment in order to minimise risks to workers. The government claimed that entire burning units were replaced.
