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10th Circ. Backs EPA Emissions Plan For NM Plant

Law360 (April 16, 2009, 12:00 AM EDT) -- A federal appeals court has largely upheld a U.S. Environmental Protection Agency plan governing emissions for a New Mexico coal-fueled power plant located on Navajo territory despite challenges both from environmental groups — including the Sierra Club — and from the plant's operator.

On Tuesday, the U.S. Court of Appeals for the Tenth Circuit rejected claims from Arizona Public Service Co. that the agency acted arbitrarily in setting opacity limits for the plant's emissions and from four environmental groups that the plan did not do enough...
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