United States Eighth Circuit
Sierra Club v. Otter Tail Power Co., 09-2862
In a Clean Air Act (CAA) citizen suit alleging that defendants violated the CAA by failing to obtain permits for a series of modifications to a power plant and by exceeding applicable emission limits, dismissal of the action is affirmed where: 1) the CAA and related regulations prohibited only construction or modification of a facility without a Prevention of Significant Deterioration (PSD) permit and best available control technology, and thus plaintiff's PSD civil penalty claims were time barred; and 2) because plaintiff's PSD civil penalty claims were barred by the statute of limitations, the equitable remedies it sought under those causes of action were barred as well.
Appellate Information
- Decided 08/12/2010
- Published 08/12/2010
Judges
- Diana C. Murphy
Court
- United States Eighth Circuit