ELR Citation: 44 ELR 20046
No(s). 13-CV-356-JHP (E.D. Okla. Mar 4, 2014) (Payne, J.)

A district court granted in part and denied in part motions to dismiss an environmental group's citizen suit against a utility company for alleged CAA violations at a coal-fired power plant in Muskogee, Oklahoma. The group alleged that the company failed to obtain a prevention of significant deterioration (PSD) permit before it made certain modifications at the plant. But the PSD claim is time barred because it was brought more than five years after the project commenced. The group, however, may go forward with its claim that the company exceeded its opacity and total suspended particulate permit limits at the plant. The complaint alleges that on numerous occasions, air pollution was emitted from the plant in amounts that exceeded the limits set forth in the company's permit. The group therefore alleged facts sufficient to survive a motion to dismiss.