Last week, EPA filed a petition for rehearing in United States v. Midwest Generation, LLC, 720 F.3d 644 (7th Cir. July 8, 2013) (filed September 3). This petition, which argues that the government is not barred by the five-year statute of limitations applicable to Clean Air Act civil enforcement claims for alleged violations of the Clean Air Act's Prevention of Significant Deterioration ("PSD") program, is important for the regulated community's assessment of their legal obligations.
The PSD program is a growth management program that imposes preconstruction permitting requirements on the construction or modification of many major industrial facilities. Among other things, PSD permits may require the installation of the "best available control technology" ("BACT") for each pollutant regulated under the...
