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Sierra Club v. Oklahoma Gas & Electric Co.

ELR Citation: 46 ELR 20054
Nos. 14-7065, (10th Cir., 03/08/2016)

The Tenth Circuit dismissed an environmental group's citizen suit against an Oklahoma power company for CAA violations at a power plant. The group claimed the company modified a coal-fired boiler without first obtaining an emission-regulating permit as required by the CAA. But because the group filed its action more than five years after construction began on the plant, the group's claim for civil penalties is barred by the statute of limitations. In addition, the group's claims for declaratory and injunctive relief are precluded because they are based on the same facts as the time-barred claim for civil penalties.