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U.S. v. EAST KENTUCKY POWER CO-OP., INC.

No. Civ.A. 04-34-KSF.

498 F.Supp.2d 976 (2007)

UNITED STATES of America Plaintiff v. EAST KENTUCKY POWER COOPERATIVE, INC. Defendant

United States District Court, E.D. Kentucky, Central Division.

March 29, 2007.

Attorney(s) appearing for the Case

Andrew Louis Sparks, Frances E. Catron-Malone, U.S. Attorney's Office, Lexington, KY, James A. Lofton, Katherine E. Konschnik, Richard M. Gladstein, Environmental & Natural Resources Division-Enforcement Environmental Enforcement Section, Jason A. Dunn, Phillip A. Brooks, U.S. Department of Justice-Environment & Natural Resources, Washington, DC, for Plaintiff.

Andrea Bear Field, Henry V. Nickel, Makram B. Jaber, Mark B. Bierbower, Hunton & Williams LLP, Washington, DC, Angela L. Jenkins, John M. Holloway, III, Hunton & Williams, Richmond, VA, Brent A. Rosser, Nash E. Long, III, T. Thomas Cottingham, III, Hunton & Williams, Charlotte, NC, Dale W. Henley, Roger R. Cowden, East Kentucky Power Cooperative Inc., Winchester, KY, Keith Moorman, Susan J. Pope, Frost Brown Todd LLC, Lexington, KY, for Defendant.

OPINION & ORDER

FORESTER, Senior District Judge.

This matter is before the Court on the plaintiffs first motion for summary judgment [DE # 61] regarding the applicable legal test for the routine maintenance, repair, and replacement exclusion. In this motion, the parties ask the Court to determine whether the "routine maintenance, repair, and replacement" exclusions found in the Clean Air Act should be applied to activities that are considered...

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