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Judge dismisses lawsuit against Cheswick plant

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Friday, Oct. 12, 2012, 8:40 p.m.

Springdale residents can't circumvent the Clean Air Act by filing a property damage lawsuit against the owner of the Cheswick power station, a federal judge ruled Friday in dismissing the attempted class-action case.

U.S. District Judge Terrence McVerry agreed with Houston-based GenOn Power Midwest LP that the lawsuit is effectively a back-door attempt to have him rewrite state and federal air emission standards.

Kristie Bell and Joan Luppe sued GenOn Power Midwest in April on behalf of residents living within one mile of the plant who claim the plant creates a nuisance because particulate matter and white fly ash lands on their properties and also emits hazardous and cancer-causing chemicals.

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