RECENT FEDERAL DECISIONS

December 2003

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Bankruptcy Stay Does Not Prevent Entry of Order Compelling $100 Million Clean Air Act Obligations
State of New York and Erin Crotty v. Mirant New York, Inc., and Mirant Lovett, L.L.C.

A District Court in New York has found that a power plant’s owners are obligated to comply with a Consent Decree requiring nearly $100 million in expenditures required under the Clean Air Act (CAA) despite the plant owner’s filing of voluntary bankruptcy.