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NATIONAL PARKS & CONSERVATION v. TENNESSEE VALLEY

No. 06-10729.

502 F.3d 1316 (2007)

NATIONAL PARKS AND CONSERVATION ASSOCIATION, INC., Sierra Club, Plaintiffs-Appellants, v. TENNESSEE VALLEY AUTHORITY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 4, 2007.

Attorney(s) appearing for the Case

George E. Hays, San Francisco, CA, Reed Zars, Laramie, WY, William J. Moore, III, Jacksonville, FL, for Plaintiffs-Appellants.

Maria Victoria Gillen, Frank H. Lancaster, Harriet A. Cooper, TVA, Knoxville, TN, for TVA.

Michael James Grode, Jr., Turner Environmental Law Clinic, Atlanta, GA, Michael J. Myers, Albany, NY, Robert D. Tambling, Montgomery, AL, F. William Brownell, Henry V. Nickel, Makram B. Jaber, Hunton & Williams, LLP, Washington, DC, P. Stephen Gidiere, III, Michael D. Freeman, Steven G. McKinney, Balch & Bingham, LLP, Birmingham, AL, for Amici Curiae.

Before EDMONDSON, Chief Judge, and TJOFLAT and GIBSON, Circuit Judges.

GIBSON, Circuit Judge:

National Parks Conservation Association, Inc., and the Sierra Club appeal from the district court's orders dismissing with prejudice their action against the Tennessee Valley Authority brought under the citizen suit provision of the Clean Air Act, 42 U.S.C. § 7604(a). National Parks and the Sierra Club claim that TVA violated the Act in connection with work it performed in 1982-83 on a coal-fired boiler at its power plant in Colbert County...

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