Legal Opinion

USA v. Alabama Power Company

Court of Appeals for the Eleventh Circuit

Decided September 19, 2013No. 11-12168PublishedCited by 51 opinions

1Opinion of the Court

JORDAN, Circuit Judge:

This case, brought by the United States against Alabama Power Company for alleged violations of the Clean Air Act, 42 U.S.C. § 7401 et seq., has lasted for over a decade, lending some literal support to Justice Holmes’ quip that “[l]awyers spend their professional careers shoveling smoke.” 1 The government’s central allegation is that Alabama Power, contrary to the Act, made major modifications at three of its coal-fired power plants without obtaining a permit or installing modern pollution control devices.

In support of its case, the government sought to introduce the…

Also in this document: Dissent.

2Cases cited17 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. General Electric Co. v. JoinerSupreme Court of the United States · 1997
  4. Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
  5. United States v. Richard Junior FrazierCourt of Appeals for the Eleventh Circuit · 2004

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3Cited by51 opinions

  1. Seamon Ex Rel. Estate of Seamon v. Remington Arms Co.Court of Appeals for the Eleventh Circuit · 2016
  2. Christina Nicole Adams v. Laboratory Corporation of AmericaCourt of Appeals for the Eleventh Circuit · 2014
  3. Tamanchia Moore v. Intuitive Surgical, Inc.Court of Appeals for the Eleventh Circuit · 2021
  4. Does 1 Through 976 v. Chiquita Brands International, Inc.Court of Appeals for the Eleventh Circuit · 2022
  5. John Doe v. Rollins CollegeCourt of Appeals for the Eleventh Circuit · 2023

46 more not listed; retrieve them via the Exa API.

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