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LA GENERATING, L.L.C. v. IL UNION INS. CO.

No. 15-30914.

831 F.3d 618 (2016)

LOUISIANA GENERATING, L.L.C.; NRG Energy, Incorporated, Plaintiffs-Appellees, v. ILLINOIS UNION INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 4, 2016.

Attorney(s) appearing for the Case

John Edward Heintz, Esq. , Erin L. Webb , Blank Rome LLP, Washington, DC, Linda Sarradet Akchin , Kean Miller, L.L.P., Baton Rouge, LA, for Plaintiffs-Appellees.

Jonathan D. Hacker , O'Melveny & Myers, L.L.P., Washington, DC, Jennifer Elmer Michel, Esq. , Danielle Marie Smith , Lewis, Brisbois, Bisgaard & Smith, L.L.P., Lafayette, LA, for Defendant-Appellant.

Before HIGGINBOTHAM, SMITH, and OWEN, Circuit Judges.

The EPA accused Louisiana Generating ("LaGen") of violating the Clean Air Act. In an ensuing consent decree, LaGen promised to upgrade part of its power plant, surrender emissions allowances, and fund various environmental projects. LaGen asked its insurer, Illinois Union ("ILU"), to pay the costs of these...

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