Texas Plant Needs Enviro Determination: 5th Circ.

Law360, New York (November 30, 2010, 5:35 PM EST) -- A federal appeals court has ruled that the Texas Commission on Environmental Quality unlawfully approved the construction of a 900-megawatt coal-fired power plant in Riesel, Texas, handing a victory to two environmental groups that filed suit over the facility.

Reversing a lower court's decision, the U.S. Court of Appeals for the Fifth Circuit found on Nov. 23 that Sandy Creek Energy Associates LP — which is jointly owned by affiliates of Dynegy Inc. and LS Power Group — violated the Clean Air Act because no “maximum...
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