3rd Circ. Ruling Gives Courts Broad Air Permit Powers
By Keith Goldberg
Law360, New York (August 23, 2013, 5:25 PM EDT) -- The Third Circuit's recent finding that the Clean Air Act doesn't bar state law pollution claims brought by property owners has effectively saddled companies with an unpredictable layer of regulatory scrutiny by continuing to allow private plaintiffs and courts to second-guess both federal and state emissions regulations, attorneys say.
The appeals court on Tuesday reversed a lower court ruling that dismissed a proposed class action brought by property owners claiming that GenOn Power Midwest LP's operation, maintenance, control and use of the coal-fired Cheswick Generating Station...