CITIZENS FOR CLEAN POWER v. INDIAN RIVER POWER

Civ. No. 09-125-SLR.

636 F.Supp.2d 351 (2009)

CITIZENS FOR CLEAN POWER, Plaintiff, v. INDIAN RIVER POWER, LLC, Defendant.

United States District Court, D. Delaware.

July 23, 2009.


Attorney(s) appearing for the Case

Mary A. Jacobson, Esquire, and Michael D. Fiorentino, Esquire, Pro Hac Vice, of Mid-Atlantic Environmental Law Center, Wilmington, DE, for Plaintiff.

Timothy Jay Houseal, Esquire, of Young Conaway Stargatt & Taylor, LLP, Wilmington, DE, of Counsel, William M. Bumpers, Esquire, and Joshua B. Frank, Esquire, of Baker Botts L.L.P., Washington, D.C., for Defendant.


MEMORANDUM OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

Plaintiff Citizens for Clean Power ("plaintiff") filed this suit against Indian River Power, LLC ("defendant"), on February 26, 2009, alleging past and continuing violations of the Clean Air Act ("the Act"), 42 U.S.C. §§ 7401 et seq. (2006). (D.I. 1) Plaintiff had previously, on November 6, 2008, raised these allegations...

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