Legal Opinion

United States v. Duke Energy Corp.

Court of Appeals for the Fourth Circuit

Decided June 15, 2005No. 04-1763PublishedCited by 19 opinions

1Opinion of the Court

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge LUTTIG and Judge WILSON joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge.

The United States brought this enforcement action against Duke Energy Corporation, which provides North Carolina and South Carolina with electricity generated from eight plants located throughout the two states. The United States maintains that Duke Energy on numerous occasions modified these plants without first obtaining appropriate permits in violation of the Clean Air Act. 42 U.S.C. §§ 7401 et seq. (2000). The district court granted summary…

2Cases cited15 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. United States v. Mead Corp.Supreme Court of the United States · 2001
  3. Christensen v. Harris CountySupreme Court of the United States · 2000
  4. General Dynamics Land Systems, Inc. v. ClineSupreme Court of the United States · 2004
  5. Rowan Cos. v. United StatesSupreme Court of the United States · 1981

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

3Cited by19 opinions

  1. Environmental Defense v. Duke Energy CorporationSupreme Court of the United States · 2007
  2. National Parks & Conservation Ass'n v. Tennessee Valley AuthorityCourt of Appeals for the Eleventh Circuit · 2007
  3. National Parks Conservation Association, Inc. Sierra Club, Inc. And Our Children's Earth Foundation v. Tennessee Valley AuthorityCourt of Appeals for the Sixth Circuit · 2007
  4. Smith v. HusbandDistrict Court, E.D. Virginia · 2005
  5. Sierra Club v. Portland General Electric Co.District Court, D. Oregon · 2009

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