Legal Opinion
Sierra Club, Inc. v. Sandy Creek Energy Associates, L.P.
Court of Appeals for the Fifth Circuit
Decided November 23, 2010No. 09-51079PublishedCited by 183 opinions
1Opinion of the Court
BENAVIDES, Circuit Judge:
The present case requires the Court to determine whether Sandy Creek’s current and ongoing construction of a coal-fired power plant, for which no MACT determination has ever been made, violates the Clean Air Act § 112(g). 1 Because we conclude that § 112(g)(2)(B) prohibits the act of construction, and not merely the commencement thereof, we find that Sandy Creek’s current and ongoing construction of a “major source” without a final MACT determination violates the plain language of the statute. Accordingly, we REVERSE the judgment, and remand to the district court for…
2Cases cited20 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Burford v. Sun Oil Co.Supreme Court of the United States · 1943
- New Orleans Public Service, Inc. v. Council of City of New OrleansSupreme Court of the United States · 1989
- Harper v. Virginia Department of TaxationSupreme Court of the United States · 1993
15 more not listed; retrieve them via the Exa API.
3Cited by183 opinions
- Kathy Dyer v. City of Mesquite TexasCourt of Appeals for the Fifth Circuit · 2020
- Aransas Project v. Bryan ShawCourt of Appeals for the Fifth Circuit · 2014
- WildEarth Guardians v. Public Service CompanyCourt of Appeals for the Tenth Circuit · 2012
- Loggerhead Holdings v. BPCourt of Appeals for the Fifth Circuit · 2022
- Montgomery v. CitiMortgage, Inc.District Court, S.D. Mississippi · 2013
178 more not listed; retrieve them via the Exa API.