CleanCOALition v. TXU Power

Two nonprofit groups filed a Clean Air Act citizen suit against companies seeking permits to construct and operate a coal-fired power plant in Texas. The groups' claims for relief included alleged violations of best available control technology requirements based on failures to consider impacts associated with carbon dioxide emissions; alleged failures to provide information regarding carbon dioxide in analyses of ambient air quality; and failures to determine whether increases in carbon dioxide emissions would cause violations of applicable standards.

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Environmental groups brought a citizen suit against several utility entities to enjoin their construction of a pulverized coal-fired power plant in their community, based on various violations of the preconstruction permit process of the Clean Air Act. The district court dismissed the suit for lack of subject matter jurisdiction, holding that held that Sections 7604(a)(1) and (a)(3) did not authorize citizen suits to redress alleged pre-permit, preconstruction, pre-operation Clean Air Act violations. The Fifth Circuit upheld the district court's decision.