A federal district court judge in Texas has rejected EPA's motion to allow a quick appeal of the court's denial of several Clean Air Act new source review (NSR) permit violations that the agency alleges Texas utility Luminant committed, in a case seen as an important test on the time limits for EPA enforcing the NSR program. In a one-page order issued Jan. 27, U.S. District Court for the Northern District of Texas Judge Ed Kinkeade says, "The Court carefully considered the Motion, response, Plaintiff-Intervenor's memorandum in support, all related filings submitted by the parties, and the applicable law. The Court denies the Motion."
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