Citizen Suit Alleging PSD Permitting Violations Is Not Barred By Statute of Limitations

摘要

In a recent decision, the U.S. Court of Appeals for the Sixth Circuit (Sixth Circuit Court) ruled that a citizen suit alleging failure to obtain a prevention of significant deterioration (PSD) permit in 1988 is not barred by the statute of limitations (National Parks Conservation Association v. Tennessee Valley Authority, No. 05-6329 [6th Cir. March 2, 2007]). The National Parks Conservation Association and others brought suit against the Tennessee Valley Authority (TVA) under the CAA citizen suit provisions alleging that TVA had failed to obtain a PSD permit and install best available control technology (BACT) when modifications were made to the Bull Run power plant in 1988. TVA argued that the suit was barred by the statute of limitations. However, the court ruled that the suit could proceed because failure to apply BACT and implement the emission limitations of a PSD permit are violations that recur each day the Bull Run plant operates.