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Cheswick Power Station Scrubber

• Location:

• Client(s): PennFuture

• Counsel: John Baillie

• Summary: PennFuture sent a notice of intent to sue under the Clean Air Act to the operator of the Cheswick Power Station, based on the Station's decision to operate while its scrubber was taken offline to be substantially rebuilt.

Developments:

The Station's operator entered into a settlement agreement with the Allegheny County Health Department on the last day of the statutory notice period that foreclosed a lawsuit. However, PennFuture has appealed the settlement agreement, because it "authorizes," but does not require, the operator to use the scrubber.

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