Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 31 Conference; we do not expect the Justices to issue any decisions on the merits.
Our list of "Petitions to watch for that Conference is here.

Sandy Creek Energy Associates, L.P. v. Sierra Club, Inc.

Case dismissed, pursuant to Rule 46, on December 16, 2011
Docket No. Op. Below Argument Opinion Vote Author Term
10-1333 5th Cir. TBD TBD TBD TBD OT 2011

Issue: Whether, after construction of a power plant has begun in reliance on the issuance of a lawful preconstruction permit reflecting that there was no Maximum Achievable Control Technology (“MACT”) requirement then in force, a new MACT determination requirement can be compelled during construction, contrary to EPA regulations and judicial interpretations of closely related provisions of the Clean Air Act.

Briefs and Documents

Certiorari-stage documents

 
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