The impact of recent visibility litigation on siting/modifying power plants: Survey and analysis

Much consideration is being given to the impact of the Clean Air Act Amendments of 1990 (the Amendments) on electric utilities. Certainly, these statutory changes will affect the way utilities do business. But legal pressures can also arise without legislative action. In this paper we call attention to changes in the programs for prevention of significant deterioration (PSD) and visibility of the Clean Air Act (the Act) that are occurring quietly, outside the spotlight of statutory change.