7th Circ. Again Nixes EPA Suit For Ongoing BACT Failures

Law360, New York (September 20, 2013, 8:56 PM EDT) -- The U.S. Environmental Protection Agency failed Friday to overturn a Seventh Circuit panel's determination that the Clean Air Act does not allow for ongoing air pollution claims tied to an initial failure to meet best available control technology requirements.

The appeals court declined to rehear en banc its July decision to toss the agency’s suit against a pair of Exelon Corp. and Edison International utilities as time-barred because the act's imposition of BACT obligations on power plant modifications does not extend beyond the time of construction....
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