Jan 16, 2019

No Time Bar for Injunctive Relief for New Source Review Violations, 5th Circuit Rules

Clean Air Act: Smog vs. Clear Day

On October 1, the U.S. Court of Appeals for the 5th Circuit held that there is no statute of limitations applicable to an EPA enforcement action for injunctive relief for violations of the  New Source Review (NSR) requirements in the Clean Air Act. United States v. Luminant Generation Co., No. 17-10235, (5th Cir., October 1, 2018). Injunctive relief could include forcing emissions cuts from the air emission sources involved. Even though financial penalties are precluded by the 5-year statute of limitations in enforcement actions for NSR violations that occurred more than 5 years before suit was filed, the Court ruled that… Read more