USA v. Luminant Generation Co.,L.L.C., et a

E. GRADY JOLLY, Circuit Judge:

Today we are presented with claims brought by the United States asserting that Luminant Generation Company and Big Brown Power Company violated the Clean Air Act by failing to obtain a statutorily mandated preconstruction permit for the modification of their facilities. The government seeks civil penalties and injunctive relief. Because the government filed its action more than five years after construction began on the facilities, the district court dismissed the government's civil-penalty and injunctive-relief claims as time barred under Federal Rule of Civil…