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Plant Must Be Open To Violate Clean Air Act: 5th Circ.

By Marc Tracy (July 21, 2008, 12:00 AM EDT) -- A federal appeals court on Monday threw out a challenge to TXU Corp.'s permit application for the construction of a Texas power plant, in a decision that limits the ability of private parties to sue under the Clean Air Act before the alleged polluter is actually up and running....

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