United States Ninth Circuit

Dismissal of plaintiff's suit, alleging that defendant-power company was operating it's electric generating plant in violation of the Clear Air Act, is reversed where defendant did not establish the type of expectations-based prejudice required to assert the defense of laches.

Appellate Information

• Argued 04/15/2004
• Decided 09/02/2004
• Published 09/02/2004

Judges

• WILLIAM A. FLETCHER, Circuit Judge., Before T.G. NELSON, W. FLETCHER, and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Reed Zars, Laramie, WY, for the plaintiff-appellant.


• For Appellees:
  
• Henry V. Nickel, Hunton & Williams, Washington, D.C., for the defendant-appellee.