Legal Opinion

United States v. EME Homer City Generation, L.P

Court of Appeals for the Third Circuit

Decided August 21, 2013No. 11-4406, 11-4407, 11-4408PublishedCited by 27 opinions

1Opinion of the Court

OPINION

SMITH, Circuit Judge.

The owners of a coal-fired power plant failed both to obtain a preconstruction permit and to install certain pollution-control technology before making changes to the plant. The Environmental Protection Agency and several states say the owners were required to do so. But the EPA 1 did not cry foul until more than a decade after the changes, well after the owners had sold the plant. Now the EPA wants to force the former owners to obtain the missing preconstruction permit and to install the missing pollution controls on a plant they no longer own or operate. And they…

2Cases cited61 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  3. Woodford v. NgoSupreme Court of the United States · 2006
  4. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  5. Mark D. Tourscher v. Martin Horn, Secretary of the Pa. Dept. Of Corrections John McCullough Superintendent ,(d.c. Civil No. 98-Cv-00176j)Court of Appeals for the Third Circuit · 1999

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3Cited by27 opinions

  1. Sierra Club v. Oklahoma Gas & Electric Co.Court of Appeals for the Tenth Circuit · 2016
  2. Jaswinder Singh v. Uber Technologies IncCourt of Appeals for the Third Circuit · 2019
  3. North Sound Capital LLC v. Merck & Co IncCourt of Appeals for the Third Circuit · 2019
  4. SEC v. Guy GentileCourt of Appeals for the Third Circuit · 2019
  5. United States v. Bekir BulucCourt of Appeals for the Fifth Circuit · 2019

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