NOVEL SUIT SEEKS ENDANGERED SPECIES REVIEW DURING TITLE V CHALLENGES

A new lawsuit by environmental groups could set an unusual precedent by using the Clean Air Act's Title V permit program to force scrutiny of regulators' compliance with the Endangered Species Act (ESA) when permitting power plants or other industrial facilities, according to industry and citizen group attorneys. At issue is a lawsuit filed March 16 alleging that EPA has not met a legal obligation to consult with the Fish and Wildlife Service (FWS) on the effects on wildlife of...