Sierra Club v. Energy Future Holdings Corp.

ORDER

WALTER S. SMITH, JR., District Judge.

Before the Court is the “Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) by Defendants Energy Future Holdings Corporation and Luminant Generation Company *677LLC.” Having reviewed the motion, response, reply, and applicable legal authority, the Court finds that the motion is without merit and is DENIED. Also, the Court will grant leave for Plaintiff to amend its Complaint to state the correct units of measurement for Particulate Matter (“PM”) limits under its second cause of action.

I. Factual and Procedural History

Defen…