CATCH ME IF YOU CAN - THE MISAPPLICATION OF THE FEDERAL STATUTE OF LIMITATIONS TO CLEAN AIR ACT PSD PERMIT PROGRAM VIOLATIONS

摘要

continues until a source meets those requirements. Under this continuing violation theory, a plaintiff can seek penalties for the five years prior to the filing of the complaint even if the violation first accrued more than five years prior to the commencement of the lawsuit. In recent years, numerous courts ruling on the issue have been sharply divided as to whether PSD violations are one-time events or ongoing violations for statute of limitations purposes. Indeed, the only two circuit courts to rule directly on the issue, the Sixth and Eleventh Circuits, are also divided on the issue. In these two circuit court cases, the same plaintiffs, the National Parks Conservation Ass'n and Sierra Club, sued the Tennessee Valley Authority (TVA) claiming PSD violations at different TVA power plants. This Article examines these numerous court cases, describes the history and nuances of the PSD program, and ultimately takes the position that those courts finding that PSD violations are continuing in nature are correct based upon the broad remedial goals and statutory language of the CAA, the legislative history of the PSD program, EPA's interpretation of the PSD program, and other considerations.