United States, et al. v. EME Homer City Generation, L.P., et al., No. 11-4406 - 08, 2013 U.S. App. LEXIS 17477 (3d Cir. Aug. 21, 2013)

(defendant, former owner of coal-fired power plant, did not obtain preconstruction permit and did not install pollution-control technology before altering plant which plaintiff claimed defendant was required to do under federal law; plaintiff filed complaint more than 10 years after alterations made and after plaintiff sold plant; plaintiff suing former owner to get permit and install pollution control technology, and suing current owners for damages and injunction; court ruled for defendant on basis that plain text of 42 U.S.C. Sec. 7475(a) did not bar operation of facility without best available technology or permit, and state (PA) law paralleled federal requirements; suit against defendant dismissed and other claims dismissed due to lack of jurisdiction).

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