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U.S. v. LUMINANT GENERATION COMPANY, LLC

Civil Action No. 3:13-CV-3236-K.

UNITED STATES OF AMERICA, Plaintiff, v. LUMINANT GENERATION COMPANY, LLC, and BIG BROWN POWER COMPANY, LLC, Defendants.

United States District Court, N.D. Texas, Dallas Division.

August 21, 2015.

Attorney(s) appearing for the Case

United States of America, Plaintiff, represented by Anna E Cross , US Department of Justice, Claire Helen Woods , US Department of Justice, Daniel S Smith , US Department of Justice, Dimitri Narciso Rocha , United States Attorney's Office, Elias L Quinn , US Department of Justice, Iva Ziza , United States Department of Justice & Katherine Lynn Vanderhook-Gomez , United States Department of Justice.

Luminant Generation Company LLC, Defendant, represented by Philip Stephen Gidiere, III , Balch & Bingham LLP, C Grady Moore, III , Balch & Bingham LLP, Daniel Jude Kelly , Energy Future Holdings Corp, Michael L Raiff , Gibson Dunn & Crutcher LLP, Russell H Falconer , Gibson, Dunn & Crutcher LLP, Thomas Lee Casey, III , Balch & Bingham LLP & William B Dawson , Gibson Dunn & Crutcher LLP.

Big Brown Power Company LLC, Defendant, represented by Philip Stephen Gidiere, III , Balch & Bingham LLP, C Grady Moore, III , Balch & Bingham LLP, Daniel Jude Kelly , Energy Future Holdings Corp, Michael L Raiff , Gibson Dunn & Crutcher LLP, Russell H Falconer , Gibson, Dunn & Crutcher LLP, Thomas Lee Casey, III , Balch & Bingham LLP & William B Dawson , Gibson Dunn & Crutcher LLP.

Sierra Club, Movant, represented by F Leighton Durham, III , Durham & Pittard LLP.

ADR Provider, Mediator, represented by Jeff Kaplan , JAMS.

MEMORANDUM OPINION AN ORDER

Before the Court is Defendants' Motion to Dismiss (Doc. No. 47) (the "Motion"). After careful consideration of the motion, the response, the reply, the appendices, the applicable law, and relevant portions of the record, the Court GRANTS in part and DENIES...

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