10th Circ. Tosses Sierra Club Suit Over Wyo. Power Plant

Law360, New York (May 31, 2011, 5:47 PM EDT) -- The Tenth Circuit on Tuesday upheld the dismissal of Sierra Club's lawsuit to block a Wyoming power plant permit for a North American Power Group Ltd. affiliate, finding that a state court and regulator had already settled issues involving the permit.

Sierra Club had challenged a Wyoming air-quality permit for Two Elk Generation Partners LP's proposed coal-fired power plant, saying it was outdated and failed to require for modern emissions technology to be used in the project.

A three-judge panel, though, backed a district court ruling...
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