Government’s Clean Air Act Civil Penalties Claims Untimely, 5th Circuit Finds

Mealey's (October 2, 2018, 1:44 PM EDT) -- NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel on Oct. 1 agreed with a federal judge in Texas that the government’s request for civil penalties under the Clean Air Act for unpermitted modifications at two power plants was barred by the five-year statute of limitations, holding that the limitations period begins to run on the date the construction begins and does not continue to be tolled as the facility continues operations (United States v. Luminant Generation Co. LLC, et al., No. 17-10235, 5th Cir., 2018 U.S. App. LEXIS 27811)....