§Why CasetextPricing

Sierra Club et al v. Talen Montana LLC et al

RESPONSE to Motion re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction in Opposition

60 Cited authorities

  1. Nat'l R.R. Passenger Corp. v. Morgan

    536 U.S. 101 (2002)   Cited 10,626 times   31 Legal Analyses
    Holding limitations period for hostile-work-environment claim runs from the last act composing the claim

  2. Tull v. United States

    481 U.S. 412 (1987)   Cited 1,028 times   30 Legal Analyses
    Holding a party had a right to trial by jury in civil claims brought by the government

  3. Holmberg v. Armbrecht

    327 U.S. 392 (1946)   Cited 1,370 times   2 Legal Analyses
    Holding that Erie does not require federal courts to apply state tolling doctrines to federal causes of action

  4. Pouncil v. Tilton

    704 F.3d 568 (9th Cir. 2012)   Cited 322 times
    Holding that constitutional and statutory claims for religious discrimination were not barred by the statute of limitations where the defendant allegedly committed an independently wrongful, discrete act within the limitations period, even if the discrete act was related to a preexisting policy of which the plaintiff was aware and subject to outside the limitations period

  5. Cope v. Anderson

    331 U.S. 461 (1947)   Cited 275 times
    Holding that "equity will withhold its relief in such a case where the applicable statute of limitations would bar the concurrent legal remedy."

  6. Romoland v. Inland Empire

    548 F.3d 738 (9th Cir. 2008)   Cited 97 times   1 Legal Analyses
    Holding that a claim that the terms of an integrated permit are inconsistent with other CAA requirements may only be brought in accordance with the judicial review procedures authorized by 42 U.S.C. § 7661 -7661f, and may not be brought in federal district court under 42 U.S.C. § 7604's citizen-suit provisions

  7. National Parks v. Tennessee Valley

    502 F.3d 1316 (11th Cir. 2007)   Cited 100 times   3 Legal Analyses
    Holding that a notice letter identifying violations of Subpart Da was not specific enough because it did not identify the particular pollutants complained of

  8. Federal Election Commission v. Williams

    104 F.3d 237 (9th Cir. 1996)   Cited 130 times
    Holding that even the suspended limitations period had run due to the F.E.C.'s failure to act on claims it would have discovered had it exercised reasonable diligence

  9. Russell v. Todd

    309 U.S. 280 (1940)   Cited 193 times
    In Russell v. Southard, 12 How. 139, 147, Mr. Justice Curtis, refusing to be bound by Kentucky law barring the reception of oral Page 103 evidence to show that an absolute bill of sale was in reality a mortgage, declared that "upon the principles of general equity jurisprudence, this court must be governed by its own views of those principles."

  10. Nat. Parks v. Tennessee

    480 F.3d 410 (6th Cir. 2007)   Cited 84 times   4 Legal Analyses
    Holding the Tennessee SIP imposed ongoing operational obligations and avoiding the necessity of any statutory analysis of § 7475 itself

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,974 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 7604 - Citizen suits

    42 U.S.C. § 7604   Cited 888 times   24 Legal Analyses
    Granting district courts limited jurisdiction "to compel (consistent with paragraph (2) of this section) agency action unreasonably delayed ..."

  13. Section 7607 - Administrative proceedings and judicial review

    42 U.S.C. § 7607   Cited 797 times   11 Legal Analyses
    Granting the D.C. Circuit original jurisdiction to review "any other nationally applicable regulations promulgated, or final action taken, by the Administrator under this chapter" and granting regional circuits jurisdiction to review "any other final action of the Administrator under this chapter ... which is locally or regionally applicable"

  14. Section 2462 - Time for commencing proceedings

    28 U.S.C. § 2462   Cited 718 times   262 Legal Analyses
    Allowing exception to five-year limitations period where Congress has provided otherwise

  15. Section 7410 - State implementation plans for national primary and secondary ambient air quality standards

    42 U.S.C. § 7410   Cited 664 times   23 Legal Analyses
    Granting EPA the discretion to revoke a State's air permitting authority if the EPA "disapproves a State implementation plan submission in whole or in part"

  16. Section 7413 - Federal enforcement

    42 U.S.C. § 7413   Cited 578 times   17 Legal Analyses
    Granting the Administrator discretion to extend the ambient air quality standard attainment date set in the 1977 Act by up to three years for steelmaking facilities

  17. Section 7409 - National primary and secondary ambient air quality standards

    42 U.S.C. § 7409   Cited 425 times   6 Legal Analyses
    Prohibiting a cost/benefit analysis by preventing the EPA from considering any factor other than health effects relating to pollutants in the air in establishing NAAQS for ozone and particulate matter

  18. Section 7408 - Air quality criteria and control techniques

    42 U.S.C. § 7408   Cited 234 times   5 Legal Analyses
    Directing the EPA to list "air pollutants" whose emissions "cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare"

  19. Section 7475 - Preconstruction requirements

    42 U.S.C. § 7475   Cited 231 times   9 Legal Analyses
    Requiring permits for "the construction and operation" of certain facilities

  20. Section 7602 - Definitions

    42 U.S.C. § 7602   Cited 175 times   5 Legal Analyses
    Defining "emission limitation" and "emission standard"

  21. Section 51.165 - Permit requirements

    40 C.F.R. § 51.165   Cited 49 times   7 Legal Analyses
    Allowing for use of SILs to determine if a source would "exceed the following significance levels"

  22. Appendix A to Part 70 - Approval Status of State and Local Operating Permits Programs

    40 C.F.R. § 70, app A to Part 70   Cited 4 times   1 Legal Analyses

    This appendix provides information on the approval status of State and Local operating Permit Programs. An approved State part 70 program applies to all part 70 sources, as defined in that approved program, within such State, except for any source of air pollution over which a federally recognized Indian Tribe has jurisdiction. Alabama (a) Alabama Department of Environmental Management: (1) Submitted on December 15, 1993, and supplemented on March 3, 1994; March 18, 1994; June 5, 1995; July 14, 1995;

  23. Rule 17.8.1206 - INFORMATION REQUIRED FOR AIR QUALITY OPERATING PERMIT APPLICATIONS

    Mont. Admin. r. 17.8.1206

    (1) For each emissions unit at a source required to obtain an air quality operating permit the applicant shall include in its application for a permit, permit renewal, or permit revision the information described in this rule. (2) The required information shall be submitted to the department and the administrator on a standard air quality permit application form or in a standard permit application format to be approved by the department. To the extent possible all required information shall also

  24. Rule 17.8.801 - DEFINITIONS

    Mont. Admin. r. 17.8.801

    In this subchapter, the following definitions apply: (1) "Actual emissions" means the actual rate of emissions of a pollutant from an emissions unit, as determined in accordance with (1)(a) through (c). (a) Actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a two-year period which precedes the particular date and which is representative of normal source operation. The department may determine that a different

  25. Rule 17.8.1205 - REQUIREMENTS FOR TIMELY AND COMPLETE AIR QUALITY OPERATING PERMIT APPLICATIONS

    Mont. Admin. r. 17.8.1205

    (1) For each source required to obtain an air quality operating permit, the owner or operator shall submit a timely and complete air quality operating permit or renewal application in accordance with this rule. (2) To be considered timely for the purposes of this rule, a person required to obtain a permit pursuant to this subchapter shall file an application with the department as follows: (a) An applicant applying for an air quality operating permit for the first time due to the applicability of

  26. Rule 17.8.743 - MONTANA AIR QUALITY PERMITS-WHEN REQUIRED

    Mont. Admin. r. 17.8.743

    (1) Except as provided in ARM 17.8.744, 17.8.745, and 17.8.1602, a person may not construct, install, modify, or operate any of the following without first obtaining a Montana air quality permit issued by the department: (a) a new facility or emitting unit with the potential to emit airborne lead in an amount greater than five tons per year or a modification to an existing facility or emitting unit that results in an increase in the facility or emitting unit's potential to emit airborne lead by an

  27. Rule 17.8.756 - COMPLIANCE WITH OTHER REQUIREMENTS

    Mont. Admin. r. 17.8.756

    (1) This subchapter does not relieve any owner or operator of the responsibility for complying with any applicable federal or Montana statute, rule or board or court order, except as specifically provided in this subchapter. (2) Issuance of a Montana air quality permit does not affect the responsibility of a permittee to comply with the applicable requirements of any control strategy contained in the Montana State Implementation Plan. (3) A permittee may not commence operation of a facility or emitting

  28. Rule 17.8.1207 - CERTIFICATION OF TRUTH, ACCURACY, AND COMPLETENESS

    Mont. Admin. r. 17.8.1207

    (1) Any application form, report, or compliance certification submitted pursuant to this subchapter shall contain certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under this subchapter shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. Mont. Admin. r. 17.8.1207 NEW, 1993 MAR p. 2933, Eff. 12/10/93; TRANS

  29. Rule 17.8.819 - CONTROL TECHNOLOGY REVIEW

    Mont. Admin. r. 17.8.819

    (1) A major stationary source or major modification shall meet each applicable emissions limitation under the Montana State Implementation Plan and each applicable emission standard and standard of performance under ARM 17.8.340 and 17.8.341. (2) A new major stationary source shall apply BACT for each pollutant subject to regulation under the FCAA that it would have the potential to emit in significant amounts, excluding hazardous air pollutants, except to the extent that such hazardous air pollutants

  30. Rule 17.8.740 - DEFINITIONS

    Mont. Admin. r. 17.8.740

    For the purposes of this subchapter: (1) "Alternative mercury emission limit" means a mercury emission limit for a mercury-emitting generating unit, established by the department in a permit issued or modified pursuant to 75-2-211, MCA, in lieu of compliance with ARM 17.8.771(1)(a). (2) "Best available control technology (BACT)" means an emission limitation (including a visible emission standard), based on the maximum degree of reduction for each pollutant subject to regulation under 42 U.S.C. 7410