NATIONAL PARKS CONSERVATION v. TENN. VALLEY AUTH.

No. Civ.A. 01-403-VEH.

413 F.Supp.2d 1282 (2006)

NATIONAL PARKS CONSERVATION ASSOCIATION, INC. and Sierra Club, Plaintiffs v. TENNESSEE VALLEY AUTHORITY Defendant.

United States District Court, N.D. Alabama, Northwestern Division.

January 17, 2006.


Attorney(s) appearing for the Case

Marcelin E. Keever, Michael A. Costa, Our Children's Earth Foundation, San Francisco, CA, Byron Bart Slawson, Slawson Esq. PC, Birmingham, AL, Dean Hill Rivkin, Dean Hill Rivkin, Attorney, Knoxville, TN, George E. Hays, San Francisco, CA, Reed Zars, Reed Zars, Attorney at Law, Laramie, WY, William J. Moore, III, The Law Office of William J. Moore III, Jacksonville, FL, for Plaintiff.

Maria Victoria Gillen, Frank H. Lancaster, Harriet Cooper, Maureen H. Dunn, Tennessee Valley Authority Office of General Counsel, Knoxville, TN, for Defendant.


MEMORANDUM OPINION

HOPKINS, District Judge.

Plaintiffs National Parks Conservation Association, Inc. ("NPCA") and Sierra Club, Inc. ("Sierra Club")1 have filed an action under the citizen suit provision of the Clean Air Act ("CAA" "the Act"), 42 U.S.C. § 7604(a) (2000) which, in three (3) separate Causes of Action, asserts Tennessee Valley Authority ("TVA") violated the CAA by its 1982 work at the Colbert Unit 5 plant...

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