Third Circuit Finds Enforcement Action Time-Barred Because the Failure to Obtain a Preconstruction Permit is Not a Continuing Violation of the Clean Air Act

The Third Circuit concludes that the U. S. Environmental Protection Agency may not force former facility owners to obtain missing preconstruction permits or to install missing pollution controls on a plant that they no longer own or operate — as it did not cry foul until more than a decade after the changes, well after the owners had sold the plant.

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