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WILDEARTH GUARDIANS v. PUBLIC SERVICE CO. OF COLO.

No. 11-1400.

690 F.3d 1174 (2012)

WILDEARTH GUARDIANS, a New Mexico non-profit corporation, Plaintiff-Appellant, v. PUBLIC SERVICE COMPANY OF COLORADO, doing business as XCEL Energy, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 10, 2012.

Attorney(s) appearing for the Case

Maclain Joyce , Student Attorney ( Professor Kevin Lynch , Supervisor, and Professor Michael Ray Harris with him on the briefs, and Casey Giltner , Student Attorney, with him on the opening brief), Environmental Law Clinic, University of Denver Sturm College of Law, Denver, CO, for Appellant.

William M. Bumpers , Baker Botts L.L.P., Washington, District of Columbia ( A. Kent Mayo and Michael Heister , Baker Botts, L.L.P., Washington, District of Columbia, and Colin C. Deihl , Ann E. Prouty , and Linda L. Rockwood , Faegre Baker Daniels LLP, Denver, CO, with him on the brief), for Appellee.

Before O'BRIEN, TYMKOVICH, and MATHESON, Circuit Judges.

TYMKOVICH, Circuit Judge.

The question in this case is whether allegations that Public Service Company of Colorado (PSCo) violated the Clean Air Act have become moot. WildEarth Guardians claims that PSCo's construction of a new coal-fired power plant in Pueblo, Colorado violated the Act because PSCo failed to obtain a valid construction permit. WildEarth seeks civil penalties to remedy the violation.

Although the project initially complied with all applicable...

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