Legal Opinion

United States v. Cinergy Corp.

Court of Appeals for the Seventh Circuit

Decided October 12, 2010No. 09-3344, 09-3350, 09-3351PublishedCited by 22 opinions

1Opinion of the Court

POSNER, Circuit Judge.

More than a decade ago the Environmental Protection Agency brought this suit against affiliated owners (we’ll pretend they’re a single entity, Cinergy) of a number of coal-fired electric power plants in the Midwest. The suit claims that Cinergy violated section 165(a) of the Clean Air Act, 42 U.S.C. § 7475(a), by modifying a number of the plants without first obtaining from the agency a permit that the agency contends was required by a regulation because the modifications were “major” and would produce increases in emissions of nitrogen oxide and sulfur dioxide. 40…

2Cases cited6 opinions

  1. Alabama Power Company v. Douglas M. Costle, as Administrator, Environmental Protection Agency, Sierra Club, Intervenors.Court of Appeals for the D.C. Circuit · 1980
  2. Wisconsin Electric Power Company v. William K. Reilly, Administrator and United States Environmental Protection AgencyCourt of Appeals for the Seventh Circuit · 1990
  3. United States v. Am General CorporationCourt of Appeals for the Seventh Circuit · 1994
  4. Northern Indiana Public Service Co. v. Colorado Westmoreland, Inc.District Court, N.D. Indiana · 1987
  5. Babcock & Wilcox Co. v. United Technologies Corp.District Court, N.D. Ohio · 1977

1 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. USA v. Alabama Power CompanyCourt of Appeals for the Eleventh Circuit · 2013
  2. Texas v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2013
  3. United States v. Midwest Generation, LLCCourt of Appeals for the Seventh Circuit · 2013
  4. Wisconsin Resources Protection Council v. Flambeau Mining Co.Court of Appeals for the Seventh Circuit · 2013
  5. Sierra Club v. KHANJEE HOLDING (US) INC.Court of Appeals for the Seventh Circuit · 2011

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API