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Preconstruction requirements, §165

Nucor Steel-Arkansas v. Big River Steel, LLC

The Eighth Circuit affirmed a lower court decision dismissing a steel company's CAA citizen lawsuit seeking injunctive relief to stop a competitor from constructing or continuing to construct a steel mill. Arkansas's environmental...

United States v. EME Homer City Generation, L.P.

The Third Circuit affirmed a lower court decision dismissing the U.S. government's lawsuit against the current and former owners...

Wildearth Guardians v. United States Environmental Protection Agency

The Tenth Circuit affirmed an EPA order denying an environmental group's petition to object to a CAA Title V operating permit for a coal-fired power station in Colorado. In its petition for an objection, the group argued that the permit...

United States v. Midwest Generation, LLC

The Seventh Circuit held that the statute of limitations bars EPA's and Illinois' CAA suit against a power company for failing to obtain preconstruction permits and to use best available control technology (BACT) at five coal-fired...

Sierra Club v. Jackson

The D.C. Circuit upheld the dismissal of a CAA citizen suit challenging EPA's failure to take action to prevent the construction of three proposed pollution-emitting facilities in Kentucky. The lower court held that there was no...

United States v. Midwest Generation LLC

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...

Alaska v. EPA

The court holds that the U.S. Environmental Protection Agency (EPA) did not abuse its discretion or act arbitrarily or capriciously in invalidating a state-granted prevention of significant deterioration (PSD) permit and finding that a...

United States v. Southern Ind. Gas & Elec. Co.

The court holds that a gas and electric company violated the Clean Air Act (CAA) by failing to obtain a preconstruction permit before making modifications to its facility even though there were no actual increases in emissions of...

Sur Contra la Contaminacion v. EPA

The court denies a community organization's petition to review a prevention of significant deterioration (PSD) permit the U.S. Environmental Protection Agency (EPA) issued to an electric company authorizing it to construct a power plant...