Finding of Liability Against Owners of Coal-Fired Electric Power Plants Reversed

US v. State of New York, 09-3344, concerned a challenge to the jury’s finding of liability against the defendants in the Environmental Protection Agency’s (EPA) suit against affiliated owners of a number of coal-fired electric power plants in the Midwest, claiming that defendants violated section 165(a) of the Clean Air Act by modifying a number of the plants without first obtaining from the agency a permit that the agency claims was required by a regulation, 40 C.F.R. section 52.21(a)(2)(iii), because the modifications were “major” and would produce increases in emissions of nitrogen oxide and sulfur dioxide.

 

Related Link:

  • Read the Seventh Circuit’s Full Decision in US v. State of New York, 09-3344

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