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Southern Alliance for Clean Energy v. Duke Energy Carolinas, LLC

ELR Citation: 39 ELR 20149
Nos. No. 08-318, (W.D.N.C., 07/02/2009) Dismissed

A district court dismissed, without prejudice, environmental group's CAA lawsuit challenging an energy company's plans to expand one of its coal-fired power plants. Four of the five plaintiffs in this action are also petitioners in an action pending before the North Carolina Office of Administrative Hearings. The issues raised and relief sought are either identical or essentially the same to those in their federal lawsuit. As a result, two separate and independent courts are now being asked to decide the same issue. This is an "unwise use of scarce judicial resources." Unnecessary federal intervention should not disrupt the orderly administration of state regulatory schemes. The state's administrative process is an adequate avenue to address the nature of the challenged permit at issue. The groups may file a challenge in federal court after the administrative review process has been completed.

[A prior decision in this litigation can be found at 39 ELR 20292.]