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Ct Finds Reheater Replacement Projects Triggered New Source Review

Air Pollution, Corporate and Real Estate Transactions, Environmental Due Diligence / By

In United States v. La. Generating, LLC, 2012 U.S. Dist. LEXIS 134195 (M.D. La. 9/19/12), a federal district court ruled that reheater replacement projects for a coal-fired power plant did not qualify for the Routine Maintenance, Repair and Replacement (RMRR) exception to the New Source Review (NSR) program. As a result, the defendant who acquired the coal plant […]

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Tough Summer for EPA and Administrative Law Professors

Air Pollution / By

The dog days of August  have been particularly cruel to EPA and law professors who are teaching administrative law this semester. In August alone, there separate federal appeals court vacated high profile Clean Air Act initiatives of EPA. The decisions were stunning for their lack of deference to EPA’s interpretations of its Clean Air Act

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Court Rejects EPA Challenge to State BACT Determination for Coal Power Plant

Air Pollution / By

The Clean Air Act imposes an alphabet soup of emission control technologies on owners and operators of stationary sources. Depending on the regulatory program and air pollutants, a facility may have to comply with BACT, BART, BDT, GACT, LAER, MACT and RACT. While the process of identifying the applicable emission standard is largely a technical

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Court Rules Purchaser of Coal Plant Assets Acquired “Free and Clear” Is Liable For Pre-Closing NSR Violations

Air Pollution, Corporate and Real Estate Transactions, Environmental Due Diligence / By

A federal district court ruled that purchaser of a coal-fired power plant was held liable as a successor for violations of the New Source Review program that had occurred prior to the transaction. The court said the purchaser had expressly assumed the liabilities even though the order of the bankruptcy court approving the sale provided

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