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DC Circ. Asked To Revive Suit Over Ky. Power Plants

Law360 (April 7, 2011, 6:10 PM EDT) -- The Sierra Club tried to persuade the D.C. Circuit on Thursday to revive its suit against the U.S. Environmental Protection Agency seeking to compel the agency to halt construction of two power plants in Kentucky.

The plain language of the Clean Air Act said Congress created a mandatory duty for the EPA in the context of major stationary sources of air pollution, Sierra Club attorney Robert Ukeiley told a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit.

The Sierra Club...
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