Legal Opinion
Luminant Generation Co. v. United States Environmental Protection Agency
Court of Appeals for the Fifth Circuit
Decided July 3, 2014No. 12-60694, 13-60538PublishedCited by 14 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
The operators of two power plants filed petitions challenging the legal sufficiency of the notice of violation issued by the Environmental Protection Agency (“EPA”) under Section 7413(a) of the Clean Air Act. The EPA filed a second, amended notice of violation and moved to dismiss the petitions for want of jurisdiction. The operators challenged the sufficiency of the second notice. Because the notices were not “final actions” of the EPA, we dismiss the petitions for lack of subject-matter jurisdiction.
I
Luminant Generation Company, L.L.C. (“Luminant”), owns and…
2Cases cited14 opinions
- Bennett v. SpearSupreme Court of the United States · 1997
- Whitman v. American Trucking Assns., Inc.Supreme Court of the United States · 2001
- Sackett v. Environmental Protection AgencySupreme Court of the United States · 2012
- Harrison v. PPG Industries, Inc.Supreme Court of the United States · 1980
- West Penn Power Company, a Corporation v. Russell Train, Administrator of the Environmental Protection Agency of Theunited States of AmericaCourt of Appeals for the Third Circuit · 1975
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. Equal Emp't Opportunity Comm'nCourt of Appeals for the Fifth Circuit · 2019
- Huawei Tech USA v. FCCCourt of Appeals for the Fifth Circuit · 2021
- Belle Co. v. United States Army Corps of EngineersCourt of Appeals for the Fifth Circuit · 2014
- Texas v. Equal Employment Opportunity CommissionCourt of Appeals for the Fifth Circuit · 2016
- California Dump Truck Owners Ass'n v. NicholsCourt of Appeals for the Ninth Circuit · 2015
9 more not listed; retrieve them via the Exa API.