U.S. v. LUMINANT GENERATION COMPANY, L.L.C.

No. 17-10235.

905 F.3d 874 (2018)

UNITED STATES of America, Plaintiff-Appellant. Sierra Club, Intervenor Plaintiff-Appellant v. LUMINANT GENERATION COMPANY, L.L.C.; Big Brown Power Company, L.L.C., Defendants-Appellees

United States Court of Appeals, Fifth Circuit.

FILED October 1, 2018.


Attorney(s) appearing for the Case

Robert Joel Lundman , U.S. Department of Justice, Environment & Natural Resources Division-Appellate Section, Washington, DC, Daniel S. Smith , U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for Plaintiff-Appellant UNITED STATES OF AMERICA.

Joshua Smith , Sierra Club, Environmental Law Program, Oakland, CA, David A. Nicholas , Newton, MA, for Intervenor Plaintiff-Appellant SIERRA CLUB.

Philip Stephen Gidiere, III, Esq. , Balch & Bingham, L.L.P., Birmingham, AL, Russell Harris Falconer , Attorney, Michael L. Raiff, Esq. , Gibson, Dunn & Crutcher, L.L.P., Dallas, TX, Daniel Jude Kelly , Associate General Counsel, Vistra Energy Corporation, Dallas, TX, for Defendants Appellees.

Before JOLLY, DENNIS, and ELROD, Circuit Judges.


Today we are presented with claims brought by the United States asserting that Luminant Generation Company and Big Brown Power Company violated the Clean Air Act by failing to obtain a statutorily mandated preconstruction permit for the modification of their facilities. The government seeks civil penalties and injunctive...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases