DC Circ. Won't Revive Suit Over Ky. Power Plants

Law360, Washington (July 1, 2011, 3:46 PM EDT) -- The D.C. Circuit on Friday rejected the Sierra Club's appeal of the dismissal of its suit seeking to compel the U.S. Environmental Protection Agency to halt construction of two power plants in Kentucky.

The Sierra Club's suit, under the citizen suit provision of the Clean Air Act, challenged the EPA administrator’s failure to take action to prevent the construction of three proposed pollution-emitting facilities in Kentucky. The district court held that there was no mandatory duty to act, and granted the EPA’s motion to dismiss for...
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