Plant Must Be Open To Violate Clean Air Act: 5th Circ.

Law360, New York (July 21, 2008, 12:00 AM EDT) -- A federal appeals court on Monday threw out a challenge to TXU Corp.'s permit application for the construction of a Texas power plant, in a decision that limits the ability of private parties to sue under the Clean Air Act before the alleged polluter is actually up and running.

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit unanimously upheld a district court decision tossing the lawsuit, in which two environmental groups sought to enjoin the proposed construction of the Oak Grove...
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