Legal Opinion

Sierra Pacific Power Company and Idaho Power Company v. United States Environmental Protection Agency

Court of Appeals for the Ninth Circuit

Decided June 5, 1981No. 79-7542, 80-7301PublishedCited by 15 opinions

1Opinion of the Court

BOOCHEVER, Circuit Judge:

This case involves the applicability of the anti-pollution requirements of the Clean Air Act, section 111 (42 U.S.C. § 7411), and the regulations promulgated under that section. Sierra Pacific Power Company and Idaho Power Company appeal Environmental Protection Agency (EPA) decisions holding that Unit 2 of their coal-fired power plant must conform to the stringent anti-pollution regulations promulgated by the EPA in 1978. The power companies argue that they had “commenced construction” of Unit 2 prior to September 19, 1978, and are therefore exempt from proposed…

2Cases cited10 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Udall v. TallmanSupreme Court of the United States · 1965
  3. Harrison v. PPG Industries, Inc.Supreme Court of the United States · 1980
  4. Alabama Power Company v. Douglas M. Costle, as Administrator, Environmental Protection Agency, Sierra Club, Intervenors.Court of Appeals for the D.C. Circuit · 1980
  5. United States v. City of Painesville, OhioCourt of Appeals for the Sixth Circuit · 1981

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

3Cited by15 opinions

  1. Sierra Club v. Franklin County Power of Illinois, LLCCourt of Appeals for the Seventh Circuit · 2008
  2. Kester v. CampbellCourt of Appeals for the Ninth Circuit · 1981
  3. United States v. KanchanalakCourt of Appeals for the D.C. Circuit · 1999
  4. Fidelity Savings & Loan Ass'n v. Federal Home Loan Bank BoardCourt of Appeals for the Ninth Circuit · 1982
  5. Kester v. CampbellCourt of Appeals for the Ninth Circuit · 1981

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

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