EPA gets spanked...Thank God

Finally some common sense from a federal court.

Good news from the NE.

October 13, Pittsburgh Post-Gazette – (Pennsylvania) EPA lawsuit against Indiana County power plant dismissed. A federal court has dismissed a lawsuit filed by the U.S. Environmental Protection Agency (EPA) and Pennsylvania Department of Environmental Protection (DEP) that claimed past and present owners of one of the nation's dirtiest coal-burning power plants in Homer City, Pennsylvania have operated for decades without required federal permits or adequate pollution controls. A federal judge, in a decision issued October 12, said that while air pollution from a power plant owned by EME Homer City Generating LP continues to be a problem, he must dismiss the case because federal and state air pollution laws preempt alleged nuisance law violations. Also, the statute of limitations has expired on some of the pollution violations, the judge said. He said there has been a "nearly two decade delay in enforcement." The EPA filed its lawsuit in January against EME and eight limited liability corporate owners and prior owners of the 1,884-megawatt power plant, alleging annual emissions of about 100,000 tons of sulfur dioxide make it "one of the largest air pollution sources in the nation." Two of the three coal-fired boilers at Homer City are not equipped with "scrubbers" to remove pollutants, and the lawsuit claimed that modifications were done in the 1990s without installing required pollution controls or receiving necessary permits. The EPA was joined in the legal action by the DEP, and the states of New York, and New Jersey.

Gee, a judge who follows the law as it is written...what a concept.

Hopefully this ties up a lot of the EPA up...