Legal Opinion
Sierra Club v. Oklahoma Gas & Electric Co.
Court of Appeals for the Tenth Circuit
Decided March 8, 2016No. 14-7065PublishedCited by 107 opinions
1Opinion of the Court
TYMKOVICH, Chief Judge.
Sierra Club brought a citizen suit seeking civil penalties against Oklahoma Gas and Electric . Company “(OG & E)” for alleged violations of the Clean Air Act. Sierra Club asserts that in March and April 'of 2008, OG & E, the owner and operator of a coal-fired power plant in Muskogee, modified a boiler at the plant without first obtaining an emission-regulating permit as required under the Act. Because Sierra Club filed its action more than five years after construction began on the plant, the district court dismissed its claim under Rule 12(b)(6) as barred by the…
2Cases cited22 opinions
- National Railroad Passenger Corporation v. MorganSupreme Court of the United States · 2002
- Havens Realty Corp. v. ColemanSupreme Court of the United States · 1982
- Ebay Inc. v. Mercexchange, L. L. C.Supreme Court of the United States · 2006
- Shomo v. City of New YorkCourt of Appeals for the Second Circuit · 2009
- Heimeshoff v. Hartford Life & Accident Ins. Co.Supreme Court of the United States · 2013
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3Cited by107 opinions
- Herrera v. City of EspanolaCourt of Appeals for the Tenth Circuit · 2022
- Hamer v. City of TrinidadCourt of Appeals for the Tenth Circuit · 2019
- United States v. Spectrum Brands, Inc.Court of Appeals for the Seventh Circuit · 2019
- Herrera v. Las Cruces Public SchoolsCourt of Appeals for the Tenth Circuit · 2017
- Wyo-Ben Inc. v. HaalandCourt of Appeals for the Tenth Circuit · 2023
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