Full 5th Circ. Will Review Feds' Time-Barred CAA Suit
Law360 (July 11, 2019, 9:27 PM EDT) -- The full Fifth Circuit has agreed to revisit a panel's ruling that the federal government can stop two Texas coal-fired power plants owned by a subsidiary of Vistra Energy Corp. from operating without Clean Air Act permits even though its claims were time-barred.
A majority of the circuit judges voted to rehear the case en banc after a split panel of the court decided an issue of first impression in October. The panel held the federal government can use injunctive relief to address claims that Luminant Generation Co. and its subsidiary Big Brown Power Co. performed construction work on the power plants...
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