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"Modification" construed

Clean Water Action Council of Northeastern Wisconsin, Inc. v. United States Environmental Protection Agency

The Seventh Circuit dismissed an environmental group's lawsuit challenging EPA's decision not to object to Wisconsin's renewal of a Title V permit for a pre-1975 paper mill. Under the CAA's PSD program, emissions from pre-1975 sources...

Sierra Club v. FutureGen Industrial Alliance

A district court dismissed an environmental group's citizen suit in which it alleged a power company was attempting to construct a major modification of its coal-fired power plant in Illinois without a PSD permit in violation of the CAA...

Pennsylvania v. Allegheny Energy Inc.

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...

United States v. Louisiana Generating, LLC

A district court held that reheater replacements at a Louisiana power plant constitute a major modification and do not qualify for the routine maintenance, repair or replacement exception to the CAA's PSD provisions. In Wisconsin...

Sierra Club. v. Duke Energy Ind., Inc.

A district court held that an environmental group's claims against an electric company for violating PSD requirements before making major modifications to one of its plants are time barred, but it stayed final entry of the judgment...

National Parks Conservation Ass'n, Inc. v. Tennessee Valley Auth.

A district court entered judgment for the Tennessee Valley Authority (TVA) with respect to environmental groups’ claims that the TVA violated the CAA and the Tennessee SIP in its operation of a fossil fuel-fired electricity...

National Parks Conservation Ass'n v. Tennessee Valley Auth.

A district court held that environmental groups' citizen suit against the Tennessee Valley Authority (TVA) for violating the Clean Air Act, the Tennessee state implementation plan, and related regulations in conjunction with its...

Pennsylvania v. Allegheny Energy, Inc.

A district court denied motions for summary judgment on states' claims that an electric utility modified one of its coal-fired power plants in violation of the prevention of signnificant deterioration (PSD) permitting requirements set...

Environmental Defense v. Duke Energy Corp.

The Court reversed the Fourth Circuit's grant of summary judgment in favor of a coal-fired power plant operator charged with violating the Clean Air Act's (CAA's) prevention of significant deterioration (PSD) regulations. The CAA's PSD...

New York v. EPA

The court vacates the U.S. Environmental Protection Agency's equipment replacement provision (ERP) rule, which expanded the routine maintenance, repair, and replacement exclusion from new source review (NSR) requirements by allowing...