Tipping The Balance Against Retroactive NSR Action?

Law360, New York (September 17, 2010, 1:36 PM EDT) -- On Aug. 12, 2010, the U.S. Court of Appeals for the Eighth Circuit took a side in the long-running debate over the statute of limitations in New Source Review enforcement matters brought pursuant to the Clean Air Act.[1]

The case, Sierra Club v. Otter Tail Power Co., is one of only a few federal appeals court cases that have addressed this issue. This guest column provides a review of the federal case law concerning the statute of limitations defense in NSR enforcement matters, and then discusses...
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