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Appalachian Voices v. Chu

Citation: 40 ELR 20207
No. No. 08-0380, (D.C. Cir., 07/26/2010)

The D.C. Circuit denied an environmental group's motion to preliminarily enjoin federal tax credits granted to an energy company for using "clean coal" technology at a new power plant. An injunction suspending the allocation of the tax credit will not prevent the company from moving forward with its project. Indeed, the group does not assert that the allocation of the tax credit will directly cause them irreparable harm; rather, the group predicts that it will be harmed when the plant becomes operational, which it concedes is not expected to occur until the summer of 2012. Because the group's asserted injury is not imminent, and because the court will be able to render a decision on the merits of the group's claims before the anticipated injury becomes imminent, the group is not entitled to injunctive relief.