Law360, New York (March 11, 2010, 5:38 PM EST) -- A federal judge has thrown out 10 of 38 claims in a Clean Air Act suit brought by the U.S. Environmental Protection Agency against Midwest Generation EME LLC, ruling that the provisions of the law at issue apply only to the construction of a power plant, not its operation.
Judge John W. Darrah of the U.S. District Court for the Northern District of Illinois on Tuesday granted Midwest Generation's motion to dismiss the claims.
The defendant did not seek the dismissal of the other 28 claims...
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