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Pennsylvania v. Allegheny Energy Inc.

ELR Citation: 44 ELR 20032
Nos. 08-885, (W.D. Pa., 02/06/2014) (Flowers Conti, J.)

A district court rejected a group of mid-Atlantic states' claims that projects undertaken by an energy company at three of its coal-fired power plants in Pennsylvania violated the CAA's prevention of significant deterioration and new source performance standards requirements. The states sought an injunction requiring the company to obtain the necessary permits. But the projects were routine maintenance, repair, and replacement and, thus, not subject to new source regulations. The plants have also since shut down, rendering the states' claims for injunctive relief moot.