Legal Opinion
National Parks Conservation Association, Inc. Sierra Club, Inc. And Our Children's Earth Foundation v. Tennessee Valley Authority
Court of Appeals for the Sixth Circuit
Decided March 2, 2007No. 05-6329PublishedCited by 54 opinions
1Opinion of the CourtMoore, J., joined by Cohn, D.J.,
BATCHELDER, J. (p. 420), delivered a separate dissenting opinion.
OPINION
KAREN NELSON MOORE, Circuit Judge.
Three environmental organizations brought this suit under the Clean Air Act’s citizen-suit provisions, alleging that the Tennessee Valley Authority (“TVA”) shirked its duty to obtain appropriate pollution limitations at a power plant it operates in Clinton, Tennessee. The district court granted summary judgment to TVA, concluding that the statute of limitations had run on the plaintiffs’ claim for statutory penalties and that the concurrent-remedy rule barred their claim for injunctive…
2Cases cited15 opinions
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- National Railroad Passenger Corporation v. MorganSupreme Court of the United States · 2002
- Henry Dicarlo v. John E. Potter, Postmaster GeneralCourt of Appeals for the Sixth Circuit · 2004
- Lrl Properties v. Portage Metro Housing AuthorityCourt of Appeals for the Sixth Circuit · 1995
- Kuhnle Brothers, Inc. v. County of GeaugaCourt of Appeals for the Sixth Circuit · 1997
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3Cited by54 opinions
- Regis Lutz v. Chesapeake Appalachia, L.L.C.Court of Appeals for the Sixth Circuit · 2013
- National Parks & Conservation Ass'n v. Tennessee Valley AuthorityCourt of Appeals for the Eleventh Circuit · 2007
- State ex rel. Nickoli v. Erie MetroParksOhio Supreme Court · 2010
- Sierra Club v. Otter Tail Power Co.Court of Appeals for the Eighth Circuit · 2010
- United States v. EME Homer City Generation, L.PCourt of Appeals for the Third Circuit · 2013
49 more not listed; retrieve them via the Exa API.