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March 29, 1988 Opinion in U.S.
v. Louisiana-Pacific Corporation, Civil Action No. 86-A-1880 (D.
Colorado, March 22, 1988) 2.28
In this, the first enforcement case to go to trial
for PSD violations exclusively, the court found
that EPA had not met its burden of proving that
the Olathe plant of Louisiana-Pacific Co. (LPC)
was subject to PSD requirements, but held that LPC
had violated PSD requirements at the Kremmling
plant. Even though LPC had not received economic
benefit from its violation, the court assessed a
civil penalty of $65,000 to avoid giving "sanction
to a willful disregard of the PSD regulatory
framework..." The court decision discusses proper
implementing of the 30-day notice provisions of 42
USC .7413 and contains a thorough analysis of the
term "potential-to-emit."
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