7th Circ. Won't Revive EPA's CAA Claims In ComEd Suit

Law360, New York (July 8, 2013, 4:58 PM EDT) -- The Seventh Circuit on Monday refused to revive the U.S. Environmental Protection Agency's claims accusing utilities Commonwealth Edison Co. and Edison Mission Energy Inc. of Clean Air Act violations at five Illinois power plants, ruling they were barred by a statute of limitations.

The three-judge panel affirmed a district court decision dismissing claims that ComEd had failed to obtain necessary CAA construction permits before modifying the plants, finding the claims were brought outside of the five-year statute of limitations. The CAA does not allow for ongoing...
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