ENVIRONMENTAL ISSUES

摘要

Seventh Circuit Imposes Time Limitations on New Source Review Enforcement Actions Under the Clean Air Act On July 8, 2013, the U.S. Court of Appeals for the Seventh Circuit in United States v. Midwest Generation, LLC, 720 F.3d 644, (7th Cir. 2013), aff'g 694 F. Supp. 2d 999 (N.D. Ill. 2010), affirmed the lower court's decision finding that the United States and the State of Illinois had failed to timely prosecute their new source review (NSR) action against Midwest Generation for the alleged failure to obtain a prevention of significant deterioration (PSD) preconstruction permit under section 165 of the Clean Air Act (CAA), 42 U.S.C. para. 7475. The court found that the failure to obtain a PSD permit and install the required best available control technology (BACT) was not a continuing violation and therefore the applicable statute of limitations had expired.