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EPA Not Wrong To Grant Permits, Court Rules

Law360 (June 28, 2007, 12:00 AM EDT) -- The U.S. Environmental Protection Agency did not violate the Clean Air Act when it granted construction permits for a plant even though its two operators already ran another plant that violates emissions standards, an appeals court has ruled.

The Court of Appeals for the Eleventh Circuit's ruling on Tuesday came as a blow to activist nonprofit Sierra Club, which argued that a Georgia state rule and the Clean Air Act prohibit the EPA from allowing Georgia Power Co. and Oglethorpe Power Corp. to build on the...
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