Ruling Extends Precedent Setting Five-Year Limit On NSR Enforcement Suits

摘要

Another federal appellate court has backed industry arguments that enforcement claims alleging violations of EPA's new source review (NSR) rules must be brought within five years of the alleged violation, marking the latest in a series of setbacks for the agency's premiere Clean Air Act enforcement program. The U.S. Court of Appeals for the 3rd Circuit ruled Aug. 21 in United States of America, et al. v EME Homer City Generation L.P. to dismiss a suit the agency brought against the owners of a major Pennsylvania coal-fired power plant for operating the plant without having pre-construction air permits for modifications the plant's former owners made more than a decade ago that allegedly increased emissions. The ruling is available on InsideEPA.com. Seepage 2 for details. (Doc ID: 2444552) A three-judge panel ruled unanimously that although prevention of significant deterioration (PSD) air permits are required before construction can start, they are not required for the operation of a facility, meaning PSD claims must be brought within a general five-year statute of limitations.