April 30, 2020 / 12:55 PM / a month ago

Penn. federal judge denies bid to toss power plant river temperature lawsuit

A federal judge in Pittsburgh on Wednesday rejected an NRG Energy Inc subsidiary’s claim to toss a lawsuit accusing it of illegally discharging overheated wastewater into the Allegheny River. The Springdale, Pennsylvania power plant said it abided by its permit, with no evidence pointing to its responsibility in a rise in river temperature.

U.S. District Court Judge William Stickman denied the company’s motion for judgment on the pleadings, saying that “material facts” were required to determine whether power generator GenOn Power Midwest LP had, with the water discharges from its Cheswick Generating Station, violated its pollution permit by allegedly increasing the Allegheny’s temperatures in excess of limits set to protect aquatic life.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2KLlu1r

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