10th Circ. Won't Revisit Utah Coal Plant Permit Dispute

Law360 (October 16, 2020, 9:47 PM EDT) -- The Tenth Circuit on Friday rejected Utah's request to revisit a decision that the U.S. Environmental Protection Agency can't ignore its obligation to enforce the Clean Air Act after the agency failed to pursue pollution controls on a Berkshire Hathaway-affiliated coal plant.

The denial keeps in place the appellate panel's July determination that the EPA wrongly decided against stepping in to oppose a state-issued permit for the Hunter Power Plant, operated by Berkshire Hathaway subsidiary PacifiCorp after the Sierra Club asked the agency to further review the facility's emissions compliance.

The EPA did not file a rehearing bid but Utah and PacifiCorp...

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