Wednesday, March 9, 2016

Sierra Club v. Oklahoma Gas & Electric Co.

<> Sierra Club v. Oklahoma Gas & Electric Co. - 3/8/16. In the U.S. Court of Appeals, Tenth Circuit, Case No. 14-7065. Sierra Club brought a citizen suit seeking civil penalties against Oklahoma Gas and Electric Company (OG&E) for alleged violations of the Clean Air Act. Sierra Club asserting that a coal-fired power plant in Muskogee, modified a boiler at the plant without first obtaining an emission-regulating permit as required under the Act.

     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. 

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