Jenner & Block

Firm Thwarts EPA’s Plan to Revive Suit against Client ComEd

The Seventh Circuit Court of Appeals has refused to revive the U.S. Environmental Protection Agency’s claims against firm client Commonwealth Edison Co. At issue were accusations of Clean Air Act (CAA) violations at five ComEd power plants in Illinois.  On July 8, the three-judge panel affirmed a district court decision dismissing claims that ComEd had failed to obtain necessary CAA construction permits before modifying the plants, finding the claims were brought outside of the five-year statute of limitations.  Partner Paul M. Smith represents ComEd.  News of the Circuit Court’s decision was covered in Law 360.