Sandy Creek Energy Associates, L.P. v. Sierra Club, Inc.Case dismissed, pursuant to Rule 46, on December 16, 2011
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|10-1333||5th Cir.||TBD||TBD||TBD||TBD||OT 2011|
Issue: Whether, after construction of a power plant has begun in reliance on the issuance of a lawful preconstruction permit reflecting that there was no Maximum Achievable Control Technology (“MACT”) requirement then in force, a new MACT determination requirement can be compelled during construction, contrary to EPA regulations and judicial interpretations of closely related provisions of the Clean Air Act.