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Espinosa v. Roswell Tower, Inc.

ELR Citation: ELR 21359
Nos. No. 93-2238, 32 F.3d 491/39 ERC 1379/(10th Cir., 08/17/1994)

The court holds that New Mexico's environmental agency may not bring an enforcement action in federal court to seek federalpenalties under §113 of the Clean Air Act (CAA) for violations of its state implementation plan (SIP) after successfully prosecuting a state court enforcement action against the same defendants for the same violations....

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