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Fifth Circuit Holds No Time Bar for Federal PSD Injunctive Relief

Oct 15, 2018

In a major win for the federal government, the U.S. Court of Appeals for the Fifth Circuit ruled on October 1, 2018 in United States v. Luminant Generation Co., (5th Cir., No. 17-10235, Oct. 1, 2018), that the federal statute of limitations at 28 U.S.C. § 2462 does not bar federal injunctive relief for PSD violations.  The court also reversed a finding of no jurisdiction by the district court and remanded the case to the district court to determine if injunctive relief was warranted, without directing that it be required.  The court did hold, however, that 28 U.S.C. § 2462 bars federal legal (e.g., penalty) relief from the start of construction and did not extend its holding on injunctive relief to private parties. Read more here http://www.nsrlaw.com.

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