The state of New York may be setting a precedent as it prepares to sue 17 midwest coal power plants to force them to upgrade their equipment. According to a New York Times article, this action would be the first taken by a state against individual power plants that send air pollution across state lines.
Eliot L. Spitzer, New York Attorney General, gave notice in a letter to the defendants, that he intends to sue them on the grounds that although they have made large unrelated investments in the plants, they have not upgraded equipment to standards required under the Federal Clean Air Act.
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