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06-2012-3406JudicialClosedFY 2012· Region 06

EPA v. Luminant Generation Company-Civil Judicial Complaint-FY2013

Litigated, Lost

Case summary

NSR/PSD concerns noted at Big Brown and Martin Lake coal fired generating stations. On August 8, 2019, the parties entered into a dismissal agreement, with the United States and Sierra Club moving to dismiss their appeals, and all parties agreeing to bear their own costs and fees. Luminant agreed to withdraw its motion for fees and costs in the district court. On August 9, 2019, the Fifth Circuit dismissed the United States and Sierra Clubs appeals pursuant to the parties motion.

Defendants (3)

  • Luminant Generation Company, LLCNamed in complaint
  • Energy Future Holdings Corporation
  • Big Brown Power Company, LLCNamed in complaint

Facilities (3)

  • BIG BROWN STEAM ELECTRIC STATION

    11 MI NE OF FAIRFIELD ON FM 2570, DALLAS, TX, 75840

    Registry ID: 110000598988

  • BIG BROWN STEAM ELECTRIC STATION

    11 MI NE OF FAIRFIELD ON FM 2570, DALLAS, TX, 75840

    Registry ID: 110000598988

  • MARTIN LAKE STEAM ELECTRIC STATION

    8850 FM 2658 N TATUM TX, TATUM, TX, 75691

    Registry ID: 110043787220

Statutes cited

  • CAA 502Operating Permits (Title V)
  • CAA 114Record keeping, Inspection, Information Request
  • CAA 110Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
  • CAA 165Prevention of Significant Deterioration (PSD)

Timeline (6 milestones)

  • 2012-09-27Referred To Dept Of Justice
  • 2012-10-02Enforcement Action Data Entered
  • 2013-08-16Complaint Filed With Court
  • 2017-01-12Concluded
  • 2018-10-01Stayed While Under Appeal
  • 2019-08-09Enforcement Action Closed

Case metadata

EPA activity ID
3000066820
Case number
06-2012-3406
DOJ docket
90-5-2-1-09894
Lead agency
EPA
Branch
6EN-A
EPA region
06
Voluntary self-disclosure
No
Primary statute
Operating Permits (Title V)

Sourced verbatim from EPA ECHO Enforcement Case Report for case 06-2012-3406 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.