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Expert Analysis

A Potential Shield Against GHG Permits

Law360 (November 16, 2010, 12:54 PM EST) -- As those of us here in Texas can attest, the U.S. Environmental Protection Agency has shown no qualms about using its authority under the federal Clean Air Act (CAA) to approve or disapprove state implementation plan (SIP) revisions as a weapon to force changes in state air permitting programs. However, on Oct. 12, 2010, the EPA found itself on the losing side of an SIP-gap issue when it was prevented by the Seventh Circuit Court of Appeals from enforcing current CAA requirements against a power plant that had complied with an EPA-approved, but outdated SIP....

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