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8th Circ. Nixes Enviro Group Bid To Halt Power Plant

Law360 (March 12, 2009, 12:00 AM EDT) -- Paving the way for the construction of Southwestern Energy Co.'s 600-megawatt Turk power plant, a U.S. appeals court ruled on Thursday that a suit brought by an Arkansas nonprofit over an environmental permit is moot, since the energy company obtained the permit before actually breaking ground.

The nonprofit claimed that the suit was still viable, even though Southwestern had the permit in hand, because the permit was subject to legal challenge when it was issued by the Arkansas Department of Environmental Quality, according to the ruling...
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