SIERRA CLUB v. ENERGY FUTURE HOLDINGS CORP.

Civil Action No. W-12-CV-108.

921 F.Supp.2d 674 (2013)

SIERRA CLUB, Plaintiff v. ENERGY FUTURE HOLDINGS CORPORATION and Luminant Generation Company LLC, Defendants.

United States District Court, W.D. Texas, Waco Division.

February 6, 2013.


Attorney(s) appearing for the Case

Elena Saxonhouse , Sanjay Narayan , Sierra Club, San Francisco, CA, Erin E. Fonken , Ilan Levin , Environmental Integrity Project, Austin, TX, J. Patton Dycus , Environmental Integrity Project, Atlanta, GA, Julie Kaplan , One Thomas Circle, NW, Washington, DC, for Plaintiff.

Charles D. Olson , Michael W. Dixon , Haley & Olson, P.C., Waco, TX, Philip Stephen Gidiere, III , Thomas L. Casey, III , Balch & Bingham LLP, Birmingham, AL, Russell H. Falconer , William B. Dawson , Gibson Dunn & Crutcher LLP, Dallas, TX, Stacey H. Dore , Energy Future Holdings, Dallas, TX, for Defendants.


ORDER

WALTER S. SMITH, JR., District Judge.

Before the Court is the "Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) by Defendants Energy Future Holdings Corporation and Luminant Generation Company LLC." Having reviewed the motion, response, reply, and applicable legal authority, the Court finds that the motion is without merit and is DENIED. Also, the...

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