EPA, Sierra Club Defend Right To Seek Injunctive Relief For NSR Violations

February 15, 2019
EPA and the Sierra Club are defending the agency’s right to ask courts for injunctive relief that forces facilities to impose air pollution controls for years-old violations of Clean Air Act new source review (NSR) permit mandates, as they fight a utility sector push to rehear a ruling that broadly upheld EPA’s power to seek such relief. The U.S. Court of Appeals for the 5th Circuit in a 2-1 ruling from October in USA, et al. v. Luminant Generation LLC....


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