7th Circ. Puts Brakes On Ill. Coal Plant

Law360, New York (October 28, 2008, 12:00 AM EDT) -- The Sierra Club prevailed Monday when an appellate court upheld a ruling blocking Franklin County Power of Illinois from building a coal-fired plant with an expired permit.

The U.S. Court of Appeals for the Seventh Circuit agreed with the district court's ruling that invalidates Franklin County Power's 2001 permit and requires it to apply for a new one before building the plant.

Building the 600 megawatt Benton, Ill., power plant with an out-of-date permit would violate the Clean Air Act, the Seventh Circuit said.

“As Sierra...
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