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BELL v. CHESWICK GENERATING STATION

No. 12-4216.

734 F.3d 188 (2013)

Kristie BELL; Joan Luppe, Appellants v. CHESWICK GENERATING STATION, GenOn Power Midwest, L.P.

United States Court of Appeals, Third Circuit.

Opinion Filed: August 20, 2013.

Attorney(s) appearing for the Case

James E. DePasquale, Esq. , Pittsburgh, PA, Peter W. Macuga, II, Esq. , [Argued], Macuga & Liddle, Detroit, MI, for Appellants.

Scott C. Oostdyk, Esq. , [Argued], McGuireWoods, Richmond, VA, Paul K. Stockman, Esq. , McGuireWoods, Pittsburgh, PA, for Appellee.

Makram B. Jaber, Esq. , Allison D. Wood, Esq. , Hunton & Williams, Washington, DC, for Amicus Curiae Utility Air Regulatory Group in Support of Appellee.

Before: FUENTES, FISHER, and CHAGARES, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge:

Kristie Bell and Joan Luppe are the named plaintiffs in a class action complaint (the "Complaint") filed against Cheswick Generating Station, GenOn Power Midwest, L.P. ("GenOn").1 The putative class (the "Class") is made up of at least 1,500 individuals who own or inhabit residential property within one mile of GenOn's Cheswick Generating Station, a 570-megawatt coal-fired electrical...

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