Power Plant Sales Don't Shed CAA Liability, Feds Tell 3rd Circ.

Law360, Chicago (November 15, 2012, 4:54 PM EST) -- The federal government asked the Third Circuit on Wednesday to revive its suit against the current and former owner-operators of a Pennsylvania coal power plant, saying a lower court's interpretation of the Clean Air Act encourages companies to ditch environmental liabilities by selling off noncompliant pollution sources.

Challenging the dismissal of the suit it launched at the request of the U.S. Environmental Protection Agency against EME Homer City Generation LP and others tied to the Homer City Generating Station, the government argued that a lower court...
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