A recent federal court decision involving xAI’s data-center power generation illustrates a potential limitation on the litigation protection that federal support for data-center development offers: even where the U.S. Environmental Protection Agency (“EPA”) opposes a private Clean Air Act (the “CAA” or “Act”) enforcement action, that opposition may not be enough to stop litigation brought under the Act’s citizen-suit provision. Read More »

Share | Email| Comments|  Topics: Agency Action, Air, Citizen Suit, Citizens Suit, Civil Penalties, Clean Air Act, Data Centers, Enforcement, Enforcement Action, EPA, Permits

A question frequently arises under the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”) as to which statute of limitations applies to cost-recovery actions depending on whether the action for which recovery is sought is a removal or remedial action. The United States District Court for the District of Idaho in October held that construction of asphalt and vegetative barriers under the site’s approved remedial action plan constituted initiation of a remedial action for purposes of making this determination, thereby adding to the body of law concerning this question. Read More »

Share | Email| Comments|  Topics: CERCLA, Cleanup, Contamination, Cost Recovery, Pollutants, Remediation, Statute of Limitations, Superfund, Water