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BORDER POWER PLANT WORKING GROUP v. DEPARTMENT OF ENERGY

No. 02CV0513-IEGPOR.

467 F.Supp.2d 1040 (2006)

BORDER POWER PLANT WORKING GROUP, Plaintiff, v. DEPARTMENT OF ENERGY; Samuel W. Bodman, in his official capacity; Kevin Kolevar, in his official capatity; Bureau of Land Management; Rebecca W. Watson, in her official capacity, Defendants, v. TERMOELECTRICA U.S., LLC; Baja California Power, Inc., Defendant-Intervenors.

United States District Court, S.D. California.

November 30, 2006.

Attorney(s) appearing for the Case

John Martin Wagner, Earthjustice, Oakland, CA, Julia A. Olson, Wild Earth Advocates, Eugene, OR, for Border Power Plant Working Group, Plaintiff.

U.S. Attorney CV, U.S. Attorneys Office Southern District of California, Civil Division, San Diego, CA, Andrew A. Smith, U.S. Department of Justice Environment and Natural Resources, Albuquerque, NM, Brian C. Toth, United States Department of Justice Environment and Natural Resources Div., Washington, DC, for Department of Energy, Carl Michael Smith in his official capacity, Anthony J. Como in his official capacity, Spencer Abraham in his official capacity, Bureau of Land Management, Defendants.

Amy G. Nefouse, Latham and Watkins, Christopher W. Garrett, Latham and Watkins, San Diego, CA, Janice M. Schneider, Latham and Watkins, Washington, DC, for Termoelectrica U.S. LLC, Intervenor Defendant.

Order (1) Denying Plaintiff's Motion for Summary Judgment; (2) Granting Federal Defendants' Cross—Motion for Summary Judgment, (3) Granting Defendant—Intervenor Termoelectrica U.S.'s Cross-Motion for Summary Judgment, (4) Granting Defendant-Intervenor Baja California Power's Cross-Motion for Summary Judgment, (5) Granting in Part, Denying in Part All Defendants' Motions To Strike the First Declaration of William E. Powers, (6) Granting in Part, Denying in Part...

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