6th Circuit: Modification Of Consent Decree For Power Plants Violated Agreement

Mealey's (April 18, 2017, 1:38 PM EDT) -- CINCINNATI — The modification of a consent decree that extended the deadline for upgrades to one of two coal-burning power plants in Rockport, Ind., violated a contract between owners and operators of the facility because it would require the owners to make the improvements and pay for them after expiration of the lease, a Sixth Circuit U.S. Court of Appeals panel ruled April 14 (Wilmington Trust Company, et al. v. AEP Generating Company, et al., No. 16-3496, 6th Cir., 2017 U.S. App. LEXIS 6426)....