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Paonia Water Part 2

Title V Permit/Clean Air Act: Federal District Court Addresses Statute of Limitations Issue | Mitchell, Williams, Selig, Gates & Woodyard, P L L C

Wildearth Guardians, et al. v. Mountain Coal Company, et al., 2021 WL 1186669. One of the issues addressed in the context of a Motion to Dismiss was whether the statute of limitations has expired in regards to an allegation that a facility had failed to obtain a Clean Air Act Title V permit. Wildearth Guardians (collectively “Wildearth Guardians”) and other environmental organizations filed a Clean Air Act Action against Mountain Coal Company and Arch Resources (collectively “MCC”) alleging they were operating the West Elk Coal Mine (“Mine”) without a Clean Air Act Prevention of Significant Deterioration (“PSD”) construction permit and a Title V operating permit (“Title V Permit”).

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