U.S. v. EAST KY POWER CO-OP.

Civil Action No. 04-34-KSF.

498 F.Supp.2d 995 (2007)

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

United States District Court, E.D. Kentucky, at Lexington.

March 30, 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, Jason A. Dunn, Phillip A. Brooks, U.S. Department of Justice, 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 sixth motion for summary judgment: operating permit violations at Spurlock Unit 2 due to operation at an uprated capacity [DE # 71].1 In this motion, the plaintiff Environmental Protection Agency ("EPA") asks the Court to enter summary judgment in its favor because the defendant East Kentucky Power Cooperative, Inc. ...

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