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U.S. v. ALCOA, INC.

Nos. 07-50706, 07-50820.

533 F.3d 278 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. ALCOA, INC., Defendant-Appellee, Sandow Power Company, LLC, Intervenor Defendant-Appellee, v. Neighbors for Neighbors, Inc.; Public Citizen, Inc., Appellants. Neighbors for Neighbors, Inc.; Public Citizen, Inc., Plaintiffs-Appellants, v. Alcoa, Inc., Defendant-Appellee. United States of America, Plaintiff-Appellee, v. Alcoa, Inc.; Defendant-Appellee, v. Neighbors for Neighbors, Inc.; Public Citizen, Inc., Appellants. Neighbors for Neighbors, Inc.; Public Citizen, Inc., Plaintiffs-Appellants, v. Alcoa, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 24, 2008.

Attorney(s) appearing for the Case

Aaron Peter Avila (argued), U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for U.S.

Reed Zars (argued), Laramie, WY, George Eric Hays, San Francisco, CA, for Plaintiffs-Appellants.

J. Stephen Ravel (argued), Kelly, Hart & Hallman, Austin, TX, David P. Poole, Dallas, TX, for Sandow Power Co., LLC.

David Paul Blanke, Vinson & Elkins, Austin, TX, for Alcoa, Inc.

Before KING, HIGGINBOTHAM and SOUTHWICK, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Alcoa produces from lignite fuel its own electricity for an aluminum plant in central Texas. Three citizen groups sued Alcoa for alleged violations of the Clean Air Act. The United States government also sued Alcoa. The suits were consolidated, and the district court entered a consent decree agreed to by all parties. Alcoa elected an option under the decree that permitted construction of a new power plant unit with specified...

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