On July 8, 2013, in United States v. Midwest Generation, et. al, the U.S. Court of Appeals for the Seventh Circuit ruled that the failure to obtain a prevention of significant deterioration (PSD) construction permit under the Clean Air Act (CAA) is not a “continuing violation” and, therefore, any government PSD claim based on the CAA must be filed within the five-year statute of limitations. No. 12-1026, 12-1051 (7th Cir.). According to the court, the statute of limitations begins to run “when construction commences without a permit in hand.”