United States Third Circuit
US v. EME Homer City Generation, L.P., 11-4406
Dismissal of claims by the Environmental Protection Agency against former owners of a coal-fired power plant who allegedly failed to obtain a preconstruction permit and to install certain pollution-control technology before making changes to the plant, and against the current owners for damages and an injunction, is affirmed, where: 1) the EPA did not pursue the claims until more than a decade after the changes made to the plant; 2) the Clean Air Act does not provide for the remedial authority that the EPA proposes; and 3) the district court did not err in dismissing the state law claims.
Appellate Information
- Decided 08/21/2013
- Published 08/21/2013
Judges
- SMITH
Court
- United States Third Circuit