5th Circuit Finds No Time Bar On EPA Injunctive Relief For NSR Violations

A federal appeals court has backed EPA's claim of no time bar on its ability to pursue injunctive relief such as forcing emissions cuts from companies for violations of Clean Air Act new source review (NSR) requirements, rejecting a utility's claim that any bid for injunctive relief must happen within five years of an alleged NSR violation. In an Oct. 1 majority opinion , a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit retains the agency's...