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LUMINANT GENERATION CO., L.L.C. v. U.S. E.P.A.

Nos. 12-60694, 13-60538.

757 F.3d 439 (2014)

LUMINANT GENERATION COMPANY, L.L.C.; Energy Future Holdings Corporation, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Gina McCarthy, Administrator, United States Environmental Protection Agency, Respondents. Luminant Generation Company, L.L.C.; Big Brown Power Company, L.L.C., Petitioners, v. United States Environmental Protection Agency; Gina McCarthy, Administrator, United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Fifth Circuit.

July 3, 2014.

Attorney(s) appearing for the Case

Philip Stephen Gidiere, III, Esq. , Thomas Lee Casey, III , Carl Grady Moore, III , Balch & Bingham, L.L.P., Birmingham, AL, Clinton Frederick Beckner, III , Peter D. Keisler, Esq. , Sidley Austin, L.L.P., Washington, DC, for Petitioners.

Andrew J. Doyle , U.S. Department of Justice, Brenda Mallory , Environmental Protection Agency, Washington, DC, for Respondents.

Before SMITH, WIENER, and PRADO, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

The operators of two power plants filed petitions challenging the legal sufficiency of the notice of violation issued by the Environmental Protection Agency ("EPA") under Section 7413(a) of the Clean Air Act. The EPA filed a second, amended notice of violation and moved to dismiss the petitions for want of jurisdiction. The operators challenged the sufficiency of the second notice. Because the notices were not "final actions" of the...

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