ELR Citation: 40 ELR 20036
No(s). 09-51079 (5th Cir. Nov 23, 2010)

The Fifth Circuit held that an energy company's current and ongoing construction of a coal-fired power plant, for which no maximum achievable control technology (MACT) determination has ever been made, violates CAA §112(g). In ordinary circumstances, there would be no question as to whether...