(defendants operate or have operated coal-fired power plant since late 1960s and plaintiff alleges violation of Clean Air Act (CAA) and associated state law provisions including common law public nuisance claim on basis that defendants did not apply for or obtain permit under CAA (Prevention of Significant Deterioration Program) when upgrading the plant to cut emissions of sulfur dioxide; defendants' motion to dismiss granted; plant grandfathered under CAA; Congressional intent was to not subject existing plants to CAA requirements; no violation of 42 U.S.C. Sec. 7475(a) pertaining to pre-construction permits; no civil penalties imposed; injunctive relief not warranted; CAA does not incorporate PSD requirements into Title V permits; state law claims dismissed as duplicative of CAA claims; public nuisance claim without merit based on American Electric Power Co. v. Connecticut, 131 S. Ct. 2527 (2011) and North Carolina, ex rel. Cooper v. Tennessee Valley Authority, 615 F.3d 291 (4th Cir. 2010)).