Legal Opinion
Sierra Club v. Two Elk Generation Partners, Ltd. Partnership
Court of Appeals for the Tenth Circuit
Decided May 31, 2011No. 10-8032PublishedCited by 17 opinions
1Opinion of the Court
PAUL KELLY, JR., Circuit Judge.
Plaintiff-Appellant Sierra Club filed this action on January 29, 2009 under the citizen suit provision of the Clean Air Act (“CAA”), 42 U.S.C. § 7604(a)(3), alleging that Defendant-Appellee Two Elk Generation Partners (“Two Elk”) is attempting to build a coal-fired power plant (“Power Plant”) with an invalid Prevention of Significant Deterioration (“PSD”) permit in violation of the CAA.1 The district court granted Two Elk’s motion to dismiss, hold*1261ing that Sierra Club’s suit was barred by the doctrine of issue preclusion. We have jurisdiction pursuant to 28…
2Cases cited39 opinions
- Taylor v. SturgellSupreme Court of the United States · 2008
- Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
- Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
- United States v. Utah Construction & Mining Co.Supreme Court of the United States · 1966
- University of Tennessee v. ElliottSupreme Court of the United States · 1986
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3Cited by17 opinions
- Fundamentalist Church of Jesus Christ of Latter-Day Saints v. HorneCourt of Appeals for the Tenth Circuit · 2012
- Muddy Boys, Inc. v. Dep't of CommerceCourt of Appeals of Utah · 2019
- Thiebaut v. Colorado Springs UtilitiesCourt of Appeals for the Tenth Circuit · 2011
- District of Columbia v. ExxonMobil Oil Corp.District of Columbia Court of Appeals · 2017
- Lane v. Barney (In re Lane)Bankruptcy Appellate Panel of the Tenth Circuit · 2016
12 more not listed; retrieve them via the Exa API.