Sierra Club v. Georgia Power Co.

HULL, Circuit Judge:

In this citizen enforcement action, the Sierra Club and other public interest plaintiffs (collectively, “Sierra Club”) allege violations of the Clean Air Act, 42 U.S.C. §§ 7401-7671q, at Plant Wansley, a large power plant owned and operated by Georgia Power Company (“Georgia Power”). Specifically, Sierra Club asserts that on thousands of occasions between 1998 and 2002, Plant Wansley’s emissions exceeded limits prescribed by the Plant’s operating permit issued under Title V of the Clean Air Act (the “Title V permit”).

The district court granted partial summary judgment in…