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WILDEARTH v. PUBLIC SERVICE CO. OF COLORADO

Civil Action No. 09-cv-1576-WDM-KLM.

698 F.Supp.2d 1259 (2010)

WILDEARTH GUARDIANS, Plaintiff v. PUBLIC SERVICE COMPANY OF COLORADO, d/b/a Xcel Energy, Defendant.

United States District Court, D. Colorado.

March 9, 2010.

Attorney(s) appearing for the Case

Michael Ray Harris, Kevin J. Lynch, University of Denver-Sturm College of Law, Denver, CO, for Plaintiff.

Colin Christopher Deihl, Linda L. Rockwood, Jacy T. Rock, Faegre & Benson, LLP, Denver, CO, William M. Bumpers, A. Kent Mayo, Baker Botts, LLP, Washington, DC, for Defendant.

ORDER ON MOTION TO DISMISS

MILLER, Senior District Judge.

This case is before me on the Motion to Dismiss (Doc. No. 7) filed by Defendant Public Service Company of Colorado d/b/a Xcel Energy ("Xcel"). Plaintiff WildEarth Guardians ("WildEarth") opposes the motion. For the reasons that follow the motion is granted in part and denied in part.

BACKGROUND

This is a case arising under the Clean Air Act section 112(g) (42 U.S.C. §...

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