EPA Defends Decision Not To Question Utah Coal Plant Permit
Law360 (November 8, 2019, 7:38 PM EST) -- The U.S. Environmental Protection Agency has told the Tenth Circuit that its decision not to require a Berkshire Hathaway-affiliated Utah coal-fired power plant to install additional pollution controls was a reasonable use of its Clean Air Act authority, despite the Sierra Club's claims to the contrary.
The Sierra Club argues that the EPA wrongly refused to step in and object to a state-issued permit to Berkshire Hathaway Energy subsidiary PacifiCorp's Hunter Power Plant in Utah. The green group claims the EPA changed its policy and allowed a renewal permit under an easier compliance category for which the plant did not qualify....
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