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CleanCOALition v. TXU Power

Filing Date: 2006
Case Categories:
  • Federal Statutory Claims
    • Clean Air Act
      • Environmentalist Lawsuits
Principal Laws:
Clean Air Act (CAA)
Description: Citizen suit against companies seeking air permits for coal-fired power plant project in Texas.
  • CleanCOALition v. TXU Power
    Docket number(s): 08-533
    Court/Admin Entity: U.S.
    Case Documents:
    Filing Date Type File Action Taken Summary
    12/01/2008 Order List Certiorari denied.
    10/20/2008 Petition for Writ of Certiorari Petition for writ of certiorari filed by nonprofit groups.l
  • CleanCOALition v. TXU Power
    Docket number(s): 07-50685
    Court/Admin Entity: 5th Cir.
    Case Documents:
    Filing Date Type File Action Taken Summary
    07/21/2008 Opinion Download Dismissal of citizen suit affirmed. Environmental groups brought a citizen suit against several utility entities to enjoin their construction of a pulverized coal-fired power plant in their community, based on various violations of the preconstruction permit process of the Clean Air Act. The district court dismissed the suit for lack of subject matter jurisdiction, holding that held that Sections 7604(a)(1) and (a)(3) did not authorize citizen suits to redress alleged pre-permit, preconstruction, pre-operation Clean Air Act violations. The Fifth Circuit upheld the district court's decision.
  • CleanCOALition v. TXU Power
    Docket number(s): 6:06-cv-00355
    Court/Admin Entity: W.D. Tex.
    Case Documents:
    Filing Date Type File Action Taken Summary
    05/21/2007 Order Download Citizen suit dismissed for lack of subject matter jurisdiction or, alternatively, on Burford abstention grounds.
    12/01/2006 Complaint Download Complaint filed. Two nonprofit groups filed a Clean Air Act citizen suit against companies seeking permits to construct and operate a coal-fired power plant in Texas. The groups' claims for relief included alleged violations of best available control technology requirements based on failures to consider impacts associated with carbon dioxide emissions; alleged failures to provide information regarding carbon dioxide in analyses of ambient air quality; and failures to determine whether increases in carbon dioxide emissions would cause violations of applicable standards.

© 2022 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.