EPA Review Doesn't Trump CAA Mandate: Judge

Law360, New York (May 27, 2011, 4:05 PM EDT) -- A Washington federal judge ordered the U.S. Environmental Protection Agency on Thursday to take final action on Avenal Power Center LLC’s application for a natural gas power plant in California, slamming the legal acrobatics the agency used to delay the project.

U.S. District Judge Richard Leon gave the EPA 90 days to grant or deny the company’s three-year-old Clean Air Act application to build the facility, rejecting the agency’s argument that the court lacked jurisdiction over what it claimed was a procedural matter. The CAA requires...
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