United States Fifth Circuit

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US v. Luminant Generation Co., LLC, 17-10235

Held that the federal government was time-barred from seeking civil penalties against two electric power companies that allegedly violated the Clean Air Act by failing to obtain a statutorily mandated preconstruction permit for the modification of their facilities. Also held, however, that the government still could pursue injunctive relief, and thus reversed the dismissal of the government's complaint in relevant part.

Appellate Information

  • Decided
  • Published 2018/10/01

Judges

  • Jolly

Court

  • United States Fifth Circuit

Counsel