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ROMOLAND SCHOOL DIST. v. INLAND EMPIRE ENERGY CENTER, LLC

No. 06-56632.

548 F.3d 738 (2008)

ROMOLAND SCHOOL DISTRICT; Center for Community Action and Environmental Justice; Communities for a Better Environment; California Unions for Reliable Energy; Kristopher Johns; Donald Lee Selby, Jr., Plaintiffs-Appellants, v. INLAND EMPIRE ENERGY CENTER, LLC; South Coast Air Quality Management District (SCAQMD); Barry R. Wallerstein, D. Env. In his official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 18, 2008.

Attorney(s) appearing for the Case

Marc D. Joseph and Suma Peesapati, Adams Broadwell Joseph & Cardozo, South San Francisco, CA, for the plaintiffs-appellants.

Robert A. Wyman, Michael G. Romey, and Ernest J. Hahn, Latham & Watkins, LLP, Los Angeles, CA, for defendant-appellee Inland Empire Energy Center.

Bradley R. Hogin, Woodruff Spradlin & Smart, Orange, CA, for defendants-appellees South Coast Air Quality Management District and Barry R. Wallerstein.

Opinion by Judge GOULD; Concurrence by Judge WALLACE.

GOULD, Circuit Judge:

The Romoland School District and several individuals and environmental groups, (collectively, "Plaintiffs") appeal the denial of their motion for a preliminary injunction and the dismissal with prejudice of their two claims against Inland Empire Energy Center ("IEEC"), a wholly-owned subsidiary of General Electric Company. Plaintiffs brought suit against IEEC under the citizen suit provision of the Clean Air Act ("CAA" or "Act"), 42 U.S.C. &...

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