Article
Source: Law360
Article
01.04.17
The first part of this three-part series covered 2016’s most significant environmental cases decided by the U.S. Supreme Court and federal courts sitting in the DC, First, Second, Third and Fourth Circuits. Part 2 highlighted cases decided by the federal courts sitting in the Fifth, Sixth, Seventh, Eighth and Ninth Circuits. Here, part 3 will cover cases decided in the Tenth and Eleventh Circuits, as well as several state supreme courts.
Tenth Circuit
Court of Appeals On March 8, 2016, the Tenth Circuit affirmed the lower court’s dismissal of the Sierra Club’s Clean Air Act Citizens Suit which sought civil penalties against the Oklahoma Gas and Electric Company (OG&E) because the complaint was time-barred. The case is Sierra Club v. Oklahoma Gas and Electric Company. The Sierra Club alleged that OG&E, the owner and operator of a coal-fired power plant in Muskogee, Oklahoma, modified a boiler serving the plant without first obtaining the necessary permit. The plant is located in an “attainment” area for purposes of the Clean Air Act, and, being a major facility, is subject to the permitting requirements of the “Prevention of Significant Deterioration” (PSD) program as implemented by the Oklahoma Department of Environmental Quality.