SIERRA CLUB v. OKLAHOMA GAS AND ELEC. CO.

No. 14-7065.

816 F.3d 666 (2016)

SIERRA CLUB, Plaintiff-Appellant, v. OKLAHOMA GAS AND ELECTRIC COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 8, 2016.


Attorney(s) appearing for the Case

David C. Bender , McGillivray Westerberg & Bender LLC ( Jacquelyn L. Dill , Dill Law Firm, P.C., Oklahoma City, OK, with him on the briefs), Madison, WI, for Appellant.

Brian J. Murray , Jones Day ( Charles T. Wehland and Meghan E. Sweeney , Jones Day, Chicago, IL, and Donald K. Shandy and Patrick R. Pearce, Jr. , Ryan Whaley Coldiron Shandy PLLC, Oklahoma City, OK, with him on the brief) Chicago, IL, for Appellee.

Before TYMKOVICH, Chief Judge, EBEL, and BRISCOE, Circuit Judges.


Sierra Club brought a citizen suit seeking civil penalties against Oklahoma Gas and Electric Company "(OG & E)" for alleged violations of the Clean Air Act. Sierra Club asserts that in March and April of 2008, OG & E, the owner and operator of a coal-fired power plant in Muskogee, modified a boiler at the plant without...

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