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16 FRONT STREET, L.L.C. v. MS SILICON, L.L.C.

No. 16-60050.

886 F.3d 549 (2018)

16 FRONT STREET, L.L.C.; C. Richard Cotton, Plaintiffs-Appellants, v. MISSISSIPPI SILICON, L.L.C.; Gary C. Rikard, Executive Director, Mississippi Department of Environmental Quality, In His Official Capacity and As Executive Director of the Mississippi Environmental Quality Permit Board, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed March 30, 2018.

Attorney(s) appearing for the Case

Deborah Jennings, Esq. , DLA Piper, L.L.P. (U.S.), Washington, DC, David Ronald Musgrove , Michael Shelton Smith, II, Esq., Musgrove Smith Law, Jackson, MS, for Plaintiff-Appellant 16 Front Street, L.L.C.

Deborah Jennings, Esq. , DLA Piper, L.L.P. (U.S.), Washington, DC, David Ronald Musgrove , Musgrove Smith Law, Jackson, MS, for Plaintiff-Appellant C. Richard Cotton.

Martin Thomas Booher , Baker & Hostetler, L.L.P., Cleveland, OH, Rebecca Lee Wiggs, Esq. , Attorney, Watkins & Eager, P.L.L.C., Jackson, MS, Mark Wendell De-Laquil, Esq. , Baker & Hostetler, L.L.P., Washington, DC, Keith Whiteman Turner , Watkins & Eager, P.L.L.C., Jackson, MS, for Defendant-Appellee Mississippi Silicon, L. L. C.

Lee Davis Thames, Jr., Esq. , Special Assistant Attorney General, Office of the Attorney General, Donna J. Hodges , Senior Attorney, Department of Environmental Quality for the State of Mississippi, Jackson, MS, for Defendant-Appellee Gary C. Rikard.

Before CLEMENT, PRADO, and OWEN, Circuit Judges.

16 Front Street, LLC and Richard Cotton (collectively, Front Street) filed a citizen suit under the Clean Air Act (CAA), 42 U.S.C. § 7604, to enjoin Mississippi Silicon from constructing a silicon plant. They later amended their complaint to include Gary C. Rikard, in his official capacity as Executive Director...

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