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CLEANCOALITION v. TXU POWER

No. 07-50685.

536 F.3d 469 (2008)

CLEANCOALITION; Robertson County: Our Land Our Lives, Plaintiffs-Appellants, v. TXU POWER, doing business as TXU Generation Company LP; Oak Grove Management Company LLC; TXU Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 21, 2008.

Attorney(s) appearing for the Case

Frederick W. Addison, III (argued), Nolan Cornelius Knight, Munsch, Hardt, Kopf & Harr, Dallas, TX, for Plaintiffs-Appellants.

Keith W. Lapeze, Catherine B. Smith, Kristie Michelle Tice, Vinson & Elkins, Houston, TX, Michael W. Dixon, Haley & Olson, Waco, TX, for Defendants-Appellees.

Before REAVLEY, SMITH and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

This case of first impression involves the scope of citizen-suit jurisdiction under the Clean Air Act ("CAA"). See 42 U.S.C. § 7604(a). Plaintiffs-Appellants filed suit to enjoin Defendants-Appellees from constructing a pulverized coal-fired power plant in their community, alleging various violations of the CAA preconstruction permit process. The district court dismissed this case on the ground that, inter alia, neither of...

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