U.S. District Court In Dallas Dismisses Most of Federal Civil Claims in NSR Case


The United States District Court in Dallas today dismissed a majority of the civil claims against Luminant that were filed by the U.S. Department of Justice on behalf of the Environmental Protection Agency. These claims alleged New Source Review violations at Big Brown and Martin Lake power plants.

The claims dismissed by the court included claims for work performed during five of the six maintenance outages at the plants that EPA had alleged violated NSR.

In August 2013, the Department of Justice filed suit against Luminant claiming the company violated the Clean Air Act by conducting routine maintenance work at Big Brown and Martin Lake during six outages between 2005 and 2009.

But in deciding a motion filed by Luminant to dismiss the claims, the court ruled that the five claims for work performed during outages prior to 2009 were barred by the statute of limitations because EPA did not file its suit within five years of the start of the outages.

The only NSR claim now remaining is for routine maintenance at Martin Lake Unit 1 during its spring outage in 2009. Also remaining is a claim involving administrative information requests that Luminant responded to before the case was filed.

We remain confident that we will prevail on the remaining two claims if the case ultimately goes to trial, which is currently scheduled for October 2017.

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