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Save the Valley v. Ruckelshaus

ELR Citation: 13 ELR 20881
Nos. No. 80-0930, 565 F. Supp. 709/19 ERC 1838/(D.D.C., 05/31/1983)

The court rules that the Environmental Protection Agency's (EPA's) approval of a preconstruction permit under §165 of the Clean Air Act is a prerequisite to any construction of a new coal-fired power plant. Plaintiffs seek to prevent construction of three units of the facility begun without a construction permit because §165 requires owners seeking a permit to show that construction or operation of the facility will not cause air pollution. The court rules that the intent of §165 is to regulate pollution caused by construction as well as operation of the finished unit. Therefore, EPA must prevent construction for three units that lack permits until it conducts a preconstruction review and approves their construction permits.

Counsel for Plaintiffs
Gordon Arbuckle
Patton, Boggs & Blow
2550 M St. NW, Washington DC 20037
(202) 457-6000

Counsel for Defendants
Jose R. Allen, Nancy, J. Marvel
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2219

Counsel for Defendant-Intervenor
Michael B. Barr
Hunton & Williams
P.O. Box 19230, Washington DC 20036
(202) 223-8650