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Hempstead County Hunting Club v. Southwestern Elec. Power Co.

ELR Citation: 39 ELR 20060
Nos. No. 08-2613, (8th Cir., 03/12/2009)

The Eighth Circuit upheld as moot a lower court decision denying a hunting club's motion to preliminarily enjoin a power company from constructing a 600-megawatt pulverized coal-fired power plant in Hempstead County, Arkansas, without first obtaining a prevention of significant deterioration permit under the Clean Air Act (CAA). The company has since received the CAA permit and has lawfully begun construction at the site, rendering the club's appeal of the denial of its motion for a preliminary injunction to halt preconstruction activities moot.

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