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United States v. Ameren Missouri

ELR Citation: 42 ELR 20023
Nos. 4:11 CV 77, (E.D. Mo., 01/27/2012) (Sippel, J.)

A district court partially dismissed EPA's lawsuit against an energy company for violating the CAA when it allegedly undertook major modifications at a coal-fired power plant in Festus, Missouri. EPA alleged that the company violated the Missouri SIP, the terms of its Title V permit, and the CAA's prevention of significant deterioration and best available control technology requirements. To the extent EPA's claims concern projects that took place in 2001 and 2003, the claims must be dismissed because EPA did not file its suit until 2011, well beyond the CAA's five-year statute of limitations.