Legal Opinion
Wilmington Trust Co. v. AEP Generating Co.
Court of Appeals for the Sixth Circuit
Decided June 8, 2017No. 16-3496PublishedCited by 23 opinions
1Opinion of the Court
AMENDED OPINION
GRIFFIN, Circuit Judge.
Nearly twenty years after defendants built, sold, and leased back a coal-burning power plant, they committed to either make over a billion dollars of emission control improvements to the plant, or shut it down. Defendants did so by way of a consent decree, resolving various lawsuits involving alleged Clean Air Act violations at their other power plants. The genesis of this dispute is what happened next: they successfully obtained a modification to the consent decree providing that these improvements need not be made until after their lease expired, thus…
2Cases cited16 opinions
- Whitman v. American Trucking Assns., Inc.Supreme Court of the United States · 2001
- Mallad Construction Corp. v. County Federal Savings & Loan Ass'nNew York Court of Appeals · 1973
- Beal Savings Bank v. SommerNew York Court of Appeals · 2007
- Paul M. Ellington v. EMI Music, Inc.New York Court of Appeals · 2014
- South Road Associates, LLC v. International Business Machines Corp.New York Court of Appeals · 2005
11 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Julie Helphenstine v. Lewis CountyCourt of Appeals for the Sixth Circuit · 2023
- United States v. JohnsonCourt of Appeals for the Sixth Circuit · 2009
- Timothy Eugene Elvis Davis v. Sig Sauer, Inc.Court of Appeals for the Sixth Circuit · 2025
- City of Taylor Gen. Emp. Retirement Sys. v. Astec Indus., Inc.Court of Appeals for the Sixth Circuit · 2022
- Johnetta Carr v. Louisville-Jefferson Cnty., Ky.Court of Appeals for the Sixth Circuit · 2022
18 more not listed; retrieve them via the Exa API.