Civil Penalties for Alleged NSR Permitting Violations Barred by Statute of Limitations

摘要

In an August 21, 2013 decision, the U.S. District Court for the Northern District of Indiana held that claims for civil penalties arising from alleged new source review (NSR) permitting violations that occurred more than 20 years ago are barred by the statute of limitations (United States v. U.S. Steel Corporation, No. 2:12-cv-304 [N.D. Ind. Aug. 21, 2013]). In the case, it was argued that a project undertaken in 1990 should have undergone NSR permitting, and that the facility should have installed best available control technology (BACT) as part of the project. In the decision, the court found that the statute of limitations for seeking civil penalties had long passed.