Tag Archives: Third Circuit

Update on PSD/NSR Suits: EME Homer City Generation and Midwest Generation

United States v. EME Homer City Generation, L.P. A circuit court has once again rejected the government’s invitation to rehear whether a PSD violation is a one-time or continuous violation.  On December 12, 2013, the Third Circuit denied petitions from the United States, and the States of New York, New Jersey and the Commonwealth of Pennsylvania, … Continue Reading

Seventh Circuit Denies Government’s Petition for Rehearing in PSD/NSR Case

On Friday, in the United States v. Midwest Generation, LLC appeal, the Seventh Circuit denied the government’s petition for rehearing and rehearing en banc of the court’s July 8, 2013 decision affirming the dismissal of certain PSD / NSR claims.  The judges responded to the petition uniformly.  No judge in regular active service requested a … Continue Reading