SOUTHERN ALLIANCE FOR CLEAN ENERGY v. DUKE ENERGY

Nos. 08-2370, 09-1928, 09-2113.

650 F.3d 401 (2011)

SOUTHERN ALLIANCE FOR CLEAN ENERGY; Environmental Defense Fund; National Parks Conservation Association; Natural Resources Defense Council; Sierra Club, Plaintiffs-Appellees, v. DUKE ENERGY CAROLINAS, LLC, Defendant-Appellant. Southern Alliance for Clean Energy; Environmental Defense Fund; National Parks Conservation Association; Natural Resources Defense Council; Sierra Club, Plaintiffs-Appellees, v. Duke Energy Carolinas, LLC, Defendant-Appellant. Southern Alliance for Clean Energy; Environmental Defense Fund; National Parks Conservation Association; Natural Resources Defense Council; Sierra Club, Plaintiffs-Appellees, v. Duke Energy Carolinas, LLC, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 14, 2011.


Attorney(s) appearing for the Case

ARGUED: Gene C. Schaerr , Winston & Strawn, LLP, Washington, D.C., for Appellant. James Blanding Holman , Southern Environmental Law Center, Charleston, South Carolina, for Appellees. ON BRIEF: Dean M. Moesser , Duke Energy Corporation, Houston, Texas; T. Thomas Cottingham, III , Nash E. Long, III , Phoebe Norton Coddington , Winston & Strawn, LLP, Charlotte, North Carolina, for Appellant. John T. Suttles, Jr. , Southern Environmental Law Center, Chapel Hill, North Carolina, for Appellees; Benjamin Longstreth , Natural Resources Defense Council, Washington, D.C., Mitchell S. Bernard , Natural Resources Defense Council, New York, New York, Jonathan Wiener , Natural Resources Defense Council, San Francisco, California, for Appellee Natural Resources Defense Council.

Nos. 08-2370 and 09-1928 dismissed; No. 09-2113 affirmed by published opinion. Judge WYNN wrote the opinion, in which Judge GREGORY and Judge DAVIS concurred.


OPINION

WYNN, Circuit Judge:

In this Clean Air Act case, Duke Energy Carolinas, LLC ("Duke Energy") challenges an attorneys' fees award by attacking the nature of the victory supporting the award, as well as the merits order on which the fee award was based—summary judgment in favor of Plaintiffs Southern Alliance for Clean Energy, Environmental Defense Fund, National Parks Conversation Association, Natural Resources Defense Council, and the Sierra...

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