The Borough of Jessup (“Borough”) recently filed an “Averments in Support of Notice of Appeal” (“Appeal”), against a Clean Air Act Title V Operating Permit (“Title V Permit”) for the Lackawanna Energy Center, LLC, (“LEC”) according to legal news outlet, JD Supra.
This permit was reportedly issued in draft to the LEC power plant facility (“Facility”) located in Lackawanna County, Pennsylvania, in 2015. The Appeal indicates a significant contention between the Borough and LEC around the Title V Permit, which ensures power plants meet the stringent requirements of the Clean Air Act to protect air quality.
Details about the nature of the appeal have not been disclosed at this time, but the decision of the Pennsylvania Environmental Hearing Board, which has the requisite jurisdiction over such conflicts, will certainly cast long-term implications. Legal professionals, especially those handling compliance and regulatory matters in the energy industry, will want to closely monitor the progress of this case.
The ongoing clash also raises questions about how power plants in the U.S. manage their operations to comply with environmental standards. The outcome might also provide a useful precedent for future similar disputes between local governmental bodies and energy facilities on obtaining requisite operational permits.