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SIERRA CLUB v. TENNESSEE VALLEY AUTHORITY

No. 3:02-cv-2279-VEH.

592 F.Supp.2d 1357 (2009)

SIERRA CLUB and Alabama Environmental Council, Inc., Plaintiffs, v. TENNESSEE VALLEY AUTHORITY, Defendant.

United States District Court, N.D. Alabama, Northwestern Division.

January 6, 2009.

Attorney(s) appearing for the Case

Abigail M. Dillen, EarthJustice, Bozeman, MT, David A. Ludder, Law Office of David A. Ludder PLLC, Tallahassee, FL, Michael A. Costa, Our Children's Earth Foundation, George E. Hays, Attorney at Law, San Francisco, CA, Byron Bart Slawson, Slawson Esq. PC, Birmingham, AL, Reed Zars, Attorney at Law, Laramie, WY, William J. Moore, III, The Law Office of William J. Moore III, Jacksonville, FL, for Plaintiff.

Maria Victoria Gillen, Frank H. Lancaster, Harriet Cooper, Maureen H. Dunn, Tennessee Valley Authority, Office of General Counsel, Knoxville, TN, Lauren E. Freeman, Hunton & Williams LLP, Washington, DC, Nash E. Long, III, Hunton & Williams LLP, Charlotte, NC, for Defendant.

MEMORANDUM OPINION

Virginia E. Hopkins, District Judge.

I. PROCEDURAL POSTURE

This action commenced on September 16, 2002. (Complaint, Doc. 1). The Plaintiffs, Sierra Club and Alabama Environmental Council, Inc. ("Plaintiffs"), complained that the Tennessee Valley Authority ("TVA") had violated the Clean Air Act, and the Alabama State Implementation Plan (the "SIP"). Specifically, Plaintiffs alleged that TVA had violated...

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