U.S. Court of Appeals for the Sixth Circuit

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Case Updates

Petition for rehearing denied

August 14, 2007

The Sixth Circuit refused to reconsider the erroneous panel decision.

U.S. Chamber files amicus brief addressing statute of limitations under the Clean Air Act’s prevention of significant deterioration permit program

April 16, 2007

NCLC urged the full Sixth Circuit to reverse an erroneous panel decision, which failed to strictly apply the relevant statute of limitations bar to lawsuits under the Prevention of Significant Deterioration permit program. The Sixth Circuit panel held that the five-year statute of limitations does not apply when a citizen brings suit for a company’s failure to obtain a Clean Air Act permit, even if the construction occurred more than five years ago (in this case in 1988), because the permit holder had a continuing obligation not to violate the act. In its brief, NCLC argued that the panel’s ongoing obligation theory undermines the purposes underlying statutes of limitations and should be rejected.

Case Documents