Legal Opinion

Sierra Club v. Tennessee Valley Authority

District Court, N.D. Alabama

Decided January 6, 2009No. 3:02-cv-2279-VEHPublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION

Virginia E. Hopkins, District Judge.

I. PROCEDURAL POSTURE

This action commenced on September 16, 2002. (Complaint, Doc. 1). The Plaintiffs, Sierra Club and Alabama Environmental Council, Inc. (“Plaintiffs”), complained that the Tennessee Valley Authority (“TVA”) had violated the Clean Air Act, and the Alabama State Implementation Plan (the “SIP”). Specifically, Plaintiffs alleged that TVA had violated, at its Colbert Plant (“Colbert”) the 20% opacity limit contained in the SIP and thereby violated 42 U.S.C. § 7604(a)(1) and (f), the SIP, Alabama Admin. Code r.…

2Cases cited30 opinions

  1. Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
  2. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  3. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  4. Lewis v. Continental Bank Corp.Supreme Court of the United States · 1990
  5. Amoco Production Co. v. Village of GambellSupreme Court of the United States · 1987

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3Cited by4 opinions

  1. Sierra Club v. Energy Future Holdings Corp.District Court, W.D. Texas · 2013
  2. Kirby's Spectrum Collision, Inc. v. Government Employees InsuranceDistrict Court, S.D. Alabama · 2010
  3. United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, Local 188 Pension Fund v. Johnson Controls, Inc.District Court, S.D. Georgia · 2022
  4. Valley Creek Land & Timber, LLC v. Colonial Pipeline CompanyDistrict Court, N.D. Alabama · 2020

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