Akin Gump Attorneys Analyze “MetEd” Decision for BNA Environmental Publications

Paul Gutermann and David Quigley, partners in Akin Gump’s environment and natural resources practice, have written the article “EPA’s Utility Enforcement Initiative: The MetEd Decision May Pose Problems for Plaintiffs” for Bloomberg BNA.

The article, which appears in Daily Environment Report and Environment Reporter, examines the decision in New Jersey v. RRI Mid-Atlantic Energy Holdings, LLC. et al., a federal court case in Pennsylvania that bars citizen lawsuits under the Clean Air Act for claims arising out of power plant construction projects occurring more than five years before the complaint was filed. The ruling could have significant ramifications for those seeking in the future to prove violations of the act.

Gutermann and Quigley represented RRI Mid-Atlantic in the case, which was decided on summary judgment. They also offer some steps that utilities can take to help prevent the government or citizens’ groups from pursuing legal action in the future.

To read the full article, please click here.