10th Circ. Sides With Sierra Club Over Utah Coal Plant Permit

Law360 (July 6, 2020, 6:27 PM EDT) -- The Tenth Circuit has ruled that the U.S. Environmental Protection Agency cannot ignore its obligation to enforce the Clean Air Act, pointing to its failure to pursue pollution controls on a Berkshire Hathaway-affiliated coal plant in Utah.

A three-judge panel said Thursday that the EPA wrongly decided against stepping in to oppose a state-issued permit for the Hunter Power Plant in Castle Dale, Utah, after the Sierra Club asked the agency to further review the facility's emissions compliance.

The environmental group had claimed the EPA changed its policy to allow permit renewals for polluters under an easier compliance category, even though...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!