WHEREAS, in their complaints, the United States and LDEQ (Plaintiffs) allege, inter alia, that Louisiana Generating is responsible for the modification and operation of two electric generating units (Units 1 and 2) at the Big Cajun II Power Plant (Big Cajun II), located near New Roads, Louisiana, without necessary permits, and without installing and employing the best available control technology (BACT) to control emissions of nitrogen oxides (NOx) and/or sulfur dioxide (SO2) as the Act requires.
WHEREAS, the United States, LDEQ, and the Settling Defendant (Parties) have agreed that settlement of this action is in the best interest of the Parties and in the public interest, and that entry of this Consent Decree without further litigation is the most appropriate means of resolving this matter;