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NAT. PARKS CONSERVATION ASSOCIATION v. TENNESSEE VALLEY AUTH.

No. 05-6329.

480 F.3d 410 (2007)

NATIONAL PARKS CONSERVATION ASSOCIATION, INC.; Sierra Club, Inc.; and Our Children's Earth Foundation, Plaintiffs-Appellants, v. TENNESSEE VALLEY AUTHORITY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 2, 2007.

Attorney(s) appearing for the Case

ARGUED: George E. Hays, San Francisco, California, for Appellants. Frank H. Lancaster, Tennessee Valley Authority, Knoxville, Tennessee, for Appellee. ON BRIEF: George E. Hays, San Francisco, California, Wade V. Davies, Ritchie, Dillard & Davies, Knoxville, Tennessee, Michael A. Costa, San Francisco, California, William J. Moore III, Law Office of William J. Moore III, Jacksonville, Florida, for Appellants. Frank H. Lancaster, Harriet A. Cooper, Gregory R. Signer, Tennessee Valley Authority, Knoxville, Tennessee, for Appellee. Andrew G. Frank, New York State Office of the Attorney General, New York, New York, Louis E. Tosi, Shumaker, Loop & Kendrick, Toldeo, Ohio, Michael E. Born, Michael A. Snyder, Shumaker, Loop & Kendrick, Columbus, Ohio, for Amici Curiae.

Before BATCHELDER and MOORE, Circuit Judges; COHN, District Judge.

MOORE, J., delivered the opinion of the court, in which COHN, D.J., joined. BATCHELDER, J. (p. 420), delivered a separate dissenting opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Three environmental organizations brought this suit under the Clean Air Act's citizen-suit provisions, alleging that the Tennessee Valley Authority ("TVA") shirked its duty to obtain appropriate pollution limitations at a power plant it operates in Clinton, Tennessee...

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