<> Sierra Club v. Oklahoma Gas & Electric Co. - 3/8/16. In the
Because Sierra Club filed its action more than five years after construction began on the plant, the district court dismissed its claim under Rule 12(b)(6) as barred by the statute of limitations. The Panel agreed and affirmed the district court and conclude that Sierra Club's claim for civil penalties is statutorily time-barred and claims for declaratory and injunctive relief are precluded because they are based on the same facts as the time-barred claim for civil penalties.
Wednesday, March 9, 2016
Sierra Club v. Oklahoma Gas & Electric Co.
Posted by JPMcJ at 12:08 PM