Opinion
No. 17-10235
07-10-2019
UNITED STATES OF AMERICA, Plaintiff - Appellant SIERRA CLUB, Intervenor Plaintiff - Appellant v. LUMINANT GENERATION COMPANY, L.L.C.; BIG BROWN POWER COMPANY, L.L.C., Defendants - Appellees
Appeal from the United States District Court for the Northern District of Texas ON PETITION FOR REHEARING EN BANC (Opinion October 1, 2018, 5 Cir., 2018, 905 F.3d 874) Before STEWART, Chief Judge, JONES, SMITH, DENNIS, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINSON, COSTA, WILLETT, DUNCAN, ENGELHARDT, and OLDHAM, Circuit Judges. BY THE COURT:
Judge Ho is recused and did not participate in this decision. --------
A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor,
IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.