EPA Asks 7th Circ. To Reconsider Ruling On BACT Regs

Law360, New York (September 5, 2013, 4:56 PM EDT) -- The U.S. Environmental Protection Agency asked the Seventh Circuit on Tuesday to reconsider its decision striking down air pollution claims against two utility companies, arguing that modifications at six Chicago-area power plants triggered an ongoing obligation to meet best available control technology requirements.

The appeals court ruled in July that the government's allegations against Commonwealth Edison Co. and Edison Mission Energy Inc. are time barred because the Clean Air Act does not allow for ongoing violation claims tied to an initial failure to obtain the necessary...
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