ComEd Air Pollution Ruling Flouts CAA, US Tells 7th Circ.

Law360, New York (April 9, 2012, 6:55 PM EDT) -- The U.S. on Friday urged the Seventh Circuit to revive claims that Midwest Generation LLC and Commonwealth Edison Co. must bring power plants MWG purchased from ComEd into compliance with the Clean Air Act, claiming a lower court's ruling allows companies to shirk their CAA obligations.

In an appeal brief, the government argued that U.S. District Judge John W. Darrah erred in March 2011 when he ruled that ComEd couldn't be held liable for modifying five coal-fired power plants outside Chicago without first obtaining preconstruction permits...
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