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SIERRA CLUB, INC. v. SANDY CREEK ENERGY ASSOCIATES

No. 09-51079.

627 F.3d 134 (2010)

SIERRA CLUB, INC.; Public Citizen, Inc., Plaintiffs-Appellants, v. SANDY CREEK ENERGY ASSOCIATES, L.P., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 23, 2010.

Attorney(s) appearing for the Case

Sanjay Narayan (argued), San Francisco, CA, David O'Brien Frederick , Lowerre, Frederick, Perales, Allmon & Rockwell, Austin, TX, for Plaintiff-Appellant.

Eric Alan Groten (argued), Vinson & Elkins, L.L.P., Austin, TX, for Defendant-Appellee.

Before GARZA and BENAVIDES, Circuit Judges, and LYNN, District Judge.

BENAVIDES, Circuit Judge:

The present case requires the Court to determine whether Sandy Creek's current and ongoing construction of a coal-fired power plant, for which no MACT determination has ever been made, violates the Clean Air Act § 112(g).1 Because we conclude that § 112(g)(2)(B) prohibits the act of construction, and not merely the commencement thereof, we find that Sandy Creek's current and ongoing construction of a...

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