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United States v. EME Homer City Generation L.P.

On August 21, 2013, Bancroft lawyers Paul D. Clement and D. Zachary Hudson secured victory in the United States Court of Appeals for the Third Circuit on behalf of Pennsylvania Electric Co. in United States v. EME Homer City Generation L.P., 727 F.3d 274 (3rd Cir. 2013). The EPA had sued current and former owners of a power plant operating in Pennsylvania for an alleged failure to install pollution controls when conducting maintenance in the mid-1990s. The Court unanimously affirmed the District Court’s dismissal of EPA’s suit, holding that its request for damages and injunctive relief would require the Court to “distort” the “plain statutory text” of the Clean Air Act in order “to shore up what the EPA views as an incomplete remedial scheme.”

Opinion