9th Circ. Permit Ruling Could Affect Projects Nationwide

Law360, New York (August 21, 2014, 10:58 AM EDT) -- On Aug. 12, 2014, the Ninth Circuit overturned a prevention of significant deterioration permit issued under the Clean Air Act by the U.S. Environmental Protection Agency to the Avenal Power Center in Sierra Club v. EPA. The PSD permit authorized the construction of a 600 megawatt natural gas-fired plant located in California's San Joaquin Valley. The plant was required to install state-of-the-art pollution controls for all traditionally regulated pollutants, such as nitrogen oxides, particulate matter and carbon monoxide, but the permit did not fully consider new PSD requirements that come into existence between the time the permit application was deemed complete and the time the permit was issued in final form....

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