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WILDEARTH GUARDIANS v. PUBLIC SERVICE CO. OF CO

Civil Action No. 09-cv-01862-MEH-RBJ.

853 F.Supp.2d 1086 (2012)

WILDEARTH GUARDIANS, Plaintiff, v. PUBLIC SERVICE COMPANY OF COLORADO d/b/a Xcel Energy, Defendant.

United States District Court, D. Colorado.

January 3, 2012.

Attorney(s) appearing for the Case

Michael Ray Harris , Kevin J. Lynch , University of Denver-Sturm College of Law, Charles Edward Swanson , Herbert Lawrence Fenster , Kathleen Michele Kramer , Lino S. Lipinsky De Orlov , McKenna Long & Aldridge, LLP, Denver, CO, for Plaintiff.

William M. Bumpers , A. Kent Mayo , Brook Detterman , David Andrew Super , Baker Botts, LLP, Washington, DC, Ann Elizabeth Prouty , Colin Christopher Deihl , Linda L. Rockwood , Faegre Baker Daniels LLP, Denver, CO, for Defendant.

ORDER ON PENDING MOTIONS

R. BROOKE JACKSON, District Judge.

Four motions, two to limit or exclude expert testimony, and two for summary judgment or partial summary judgment, are presently pending before the Court and are resolved by this order.

Background

Defendant owns and operates a coal-fired power plant known as the Cherokee Station in Adams County, Colorado. The plant's four electric generating units emit particulates and other pollutants...

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