10th Circ. Chucks Enviro Challenge To Coal Plant Permit

Law360, Los Angeles (July 23, 2013, 8:56 PM EDT) -- The Tenth Circuit on Tuesday backed the U.S. Environmental Protection Agency's rejection of a green group's challenge to an operating permit for a coal-fired power station, saying the group's petition failed to show the plant was not in compliance with the Clean Air Act. 

A three-judge panel said WildEarth Guardians failed to meet its burden to demonstrate Xcel Energy Inc.'s Brush, Colo.-based Pawnee power station didn't comply with the Clean Air Act's requirements for prevention of air quality deterioration.

"Viewing the record as a whole, we...
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