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

No. 17-10235.

929 F.3d 316 (2019)

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 July 10, 2019.

Attorney(s) appearing for the Case

Robert Joel Lundman , Daniel S. Smith , U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for Plaintiff-Appellant.

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

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., Daniel Jude Kelly , Associate General Counsel, Vistra Energy Corporation, Dallas, TX, for Defendants-Appellees.

Before STEWART, Chief Judge, JONES, SMITH, DENNIS, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINSON, COSTA, WILLETT, DUNCAN, ENGELHARDT, and OLDHAM, Circuit Judges.

BY THE COURT:

A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor,

IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental...

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