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United States v. Midwest Generation LLC

ELR Citation: 41 ELR 20123
Nos. No. 09-cv-5722, (N.D. Ill. , 03/16/2011) amended complaint dismissed

A district court dismissed claims that an energy company is responsible for PSD violations at five coal-fired power plants it owns in Illinois. The court previously granted the company's motion to dismiss in 2010, but the United States, Illinois, and several citizen groups filed an amended complaint alleging new theories of PSD violations. But they fail to allege any new facts to support their theory of direct liability under state law. They simply raise a new question of statutory interpretation. The plaintiffs also sought to hold the previous owner liable. But because the former owner cannot be compelled to modify sources it no longer owns and to which it has no access, the plaintiffs have no right to relief. And the plaintiffs' successor liability claims against the former owner failed as well.