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U.S. v. ALABAMA POWER CO.

No. 11-12168.

730 F.3d 1278 (2013)

UNITED STATES of America, Plaintiff-Appellant, Alabama Environmental Council, Intervenor-Appellant, v. ALABAMA POWER COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 19, 2013.

Attorney(s) appearing for the Case

James Blanding Holman, IV , ENRD, DOJ, Washington, DC, Gilbert B. Rogers , Southern Environmental Law Center, Atlanta, GA, for Intervenor-Appellant.

Michael D. Freeman , R. Bruce Barze, Jr. , Philip Stephen Gidiere, III , Steven G. McKinney , Spencer M. Taylor , Balch & Bingham, LLP, Alice H. Martin , Lloyd C. Peeples, III , Joyce White Vance , U.S. Attorney's Office, Birmingham, AL, Daniel S. Reinhardt , Margaret Claiborne Campbell , Steven J. Hewitson , Troutman Sanders, LLP, Karl R. Moor , Southern Company, Atlanta, GA, Tracy Thomas Cottingham, III , Nash E. Long, III , Winston & Strawn, LLP, Charlotte, NC, George E. Hays , Law Office of George E. Hays, San Francisco, CA, James Beers, Jr. , Andrew Carter Hanson , Kurt G. Kastorf , James R. Macayeal , David Rosskam , Justin Savage , U.S. Department of Justice, Washington, DC, for Defendant-Appellee.

Before BARKETT and JORDAN, Circuit Judges, and HODGES, District Judge.

JORDAN, Circuit Judge:

This case, brought by the United States against Alabama Power Company for alleged violations of the Clean Air Act, 42 U.S.C. § 7401 et seq., has lasted for over a decade, lending some literal support to Justice Holmes' quip that "[l]awyers spend their professional careers shoveling smoke."1 The government's central allegation is that Alabama Power, contrary...

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