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United States v. Alcoa, Inc.

ELR Citation: 38 ELR 20152
Nos. Nos. 07-50706, -50820, (5th Cir., 06/24/2008)

The Fifth Circuit upheld a lower court order giving an aluminum company more time to build a power plant than originally agreed to in a consent decree that resolved alleged Clean Air Act violations at the company's manufacturing plant. After the company failed to meet the decree's deadline for commencing operation of the new plant, the lower court entered an order giving the company more time to build the plant and commence operation. The order also required more pollution control technology and stricter emissions limitations. The citizen groups appealed, but their arguments were rejected. The lower court's actions were a remedy to the violation of the consent decree, not a modification. In addition, the stipulated order maintained most of the decree's obligations and strengthened some others. And the court did not abuse its discretion in implementing the new remedy.