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FLORIDA POWER CORP. v. FIRSTENERGY CORP.

No. 14-4126.

810 F.3d 996 (2015)

FLORIDA POWER CORP., dba Progress Energy Florida, Inc., Plaintiff-Appellant, v. FIRSTENERGY CORP., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 5, 2015.

Rehearing En Banc Denied December 14, 2015.

Attorney(s) appearing for the Case

ARGUED: John B. Nalbandian, Taft, Stettinius & Hollister LLP, Cincinnati, Ohio, for Appellant. Paul D. Clement, Bancroft PLLC, Washington, D.C., for Appellee. ON BRIEF: John B. Nalbandian, Kim K. Burke, Matthew D. Lawless, Taft, Stettinius & Hollister LLP, Cincinnati, Ohio, for Appellant. Paul D. Clement, George W. Hicks, Taylor Meehan, Bancroft PLLC, Washington, D.C., Ronald S. Kopp, Jessica A. Lopez, Roetzel & Andress, LPA, Akron, Ohio, for Appellee.

GRIFFIN, J., delivered the opinion of the court in which STAFFORD, D.J., joined. SUHRHEINRICH, J. (pp. 1010-19), delivered a separate dissenting opinion.

OPINION

Almost seventy years ago, plaintiff's predecessor in interest owned and operated two coal gasification plants in Florida. In 1998 and 2003, plaintiff entered into Administrative Orders by Consent ("AOCs") with the U.S. Environmental Protection Agency to assess the feasibility of remediation of environmental...

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