Sandy Creek Energy Associates, L.P. v. Sierra Club, Inc.
Pending Petition
Docket No.10-1333
Op. Below5th Cir.
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.
Recommended Citation: Sandy Creek Energy Associates, L.P. v. Sierra Club, Inc., SCOTUSblog, https://www.scotusblog.com/cases/sandy-creek-energy-associates-l-p-v-sierra-club-inc/