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...

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