54 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,544 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,461 times 365 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Alaska Dept. of E. C. P. A. v. E. P. A.
540 U.S. 461 (2004) Cited 537 times 3 Legal Analyses
Holding that the EPA could overrule the state agency's construction of the term “best available control technology” in the Clean Air Act”
Gabelli v. Sec. & Exch. Comm'n
568 U.S. 442 (2013) Cited 315 times 96 Legal Analyses
Holding that statute of limitations for SEC enforcement actions begins when fraudulent action occurs
Hallstrom v. Tillamook County
493 U.S. 20 (1989) Cited 556 times 2 Legal Analyses
Holding notice and 60-day delay requirements mandatory conditions precedent to commencing suit under 42 U.S.C. § 6972
Burnett v. N.Y. Cent. R. Co.
380 U.S. 424 (1965) Cited 1,017 times
Holding that an action filed in an improper venue tolled the FELA statute of limitations, and noting that "venue objections may be waived by the defendant"
Jones v. Alcoa
339 F.3d 359 (5th Cir. 2003) Cited 522 times
Holding dismissal under Rule 12(b) may be proper "where it is evident from the plaintiff's pleadings that the action is [time] barred and the pleadings fail to raise some basis for tolling or the like"
Kansa Reinsurance v. Congressional Mortg. Corp.
20 F.3d 1362 (5th Cir. 1994) Cited 476 times
Holding that two-year statute of limitations for negligence claims also applies to negligent misrepresentation claims
Mann v. Adams Realty Co, Inc.
556 F.2d 288 (5th Cir. 1977) Cited 394 times
Applying Alabama law
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."
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 345,715 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 7401 - Congressional findings and declaration of purpose
42 U.S.C. § 7401 Cited 1,375 times 15 Legal Analyses
Finding that “air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments”
Section 7607 - Administrative proceedings and judicial review
42 U.S.C. § 7607 Cited 784 times 10 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"
Section 2462 - Time for commencing proceedings
28 U.S.C. § 2462 Cited 710 times 261 Legal Analyses
Allowing exception to five-year limitations period where Congress has provided otherwise
Section 7413 - Federal enforcement
42 U.S.C. § 7413 Cited 561 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
Section 7475 - Preconstruction requirements
42 U.S.C. § 7475 Cited 230 times 9 Legal Analyses
Requiring permits for "the construction and operation" of certain facilities
Section 7411 - Standards of performance for new stationary sources
42 U.S.C. § 7411 Cited 215 times 51 Legal Analyses
Granting authority to the EPA to designate the best system and determine achievable degree of emissions reduction
Section 7479 - Definitions
42 U.S.C. § 7479 Cited 156 times 2 Legal Analyses
Defining "construction" to include "modification"
Section 7661a - Permit programs
42 U.S.C. § 7661a Cited 112 times 2 Legal Analyses
Articulating ten minimum elements for state programs
Section 52.21 - Prevention of significant deterioration of air quality
40 C.F.R. § 52.21 Cited 216 times 22 Legal Analyses
Providing minimum federal standards upon plan disapproval
Section 60.14 - Modification
40 C.F.R. § 60.14 Cited 29 times 1 Legal Analyses
Governing "modification" of stationary sources
Section 116.111 - General Application
30 Tex. Admin. Code § 116.111 Cited 6 times
(a) In order to be granted a permit, amendment, or special permit amendment, the application must include: (1) a completed Form PI-1 General Application signed by an authorized representative of the applicant. All additional support information specified on the form must be provided before the application is complete; (2) information which demonstrates that emissions from the facility, including any associated dockside vessel emissions, meet all of the following. (A) Protection of public health and
Section 116.110 - Applicability
30 Tex. Admin. Code § 116.110 Cited 6 times
(a) Permit to construct. Except as provided in § 116.118 of this title (relating to Construction While Permit Amendment Application Pending), before any actual work is begun on the facility, any person who plans to construct any new facility or to engage in the modification of any existing facility which may emit air contaminants into the air of this state shall either: (1) obtain a permit under § 116.111 of this title (relating to General Application); (2) satisfy the conditions for a standard permit
Section 116.10 - General Definitions
30 Tex. Admin. Code § 116.10 Cited 5 times
Defining BACT as "Best Available Control Technology with consideration given to the technical practicability and economic reasonableness of reducing or eliminating emissions from the facility."
Section 51.104 - Revisions
40 C.F.R. § 51.104 Cited 4 times
(a) States may revise the plan from time to time consistent with the requirements applicable to implementation plans under this part. (b) The States must submit any revision of any regulation or any compliance schedule under paragraph (c) of this section to the Administrator no later than 60 days after its adoption. (c) EPA will approve revisions only after applicable hearing requirements of § 51.102 have been satisfied. (d) In order for a variance to be considered for approval as a revision to the
Section 116.160 - Prevention of Significant Deterioration Requirements
30 Tex. Admin. Code § 116.160 Cited 3 times
(a) Each proposed new major source or major modification in an attainment or unclassifiable area shall comply with the requirements of this section. In addition, each proposed new major source of greenhouse gases (GHGs) or major modification involving GHGs shall comply with the applicable requirements of this section. The owner or operator of a proposed new or modified facility that will be a new major stationary source for the prevention of significant deterioration air contaminant shall meet the

United States of America v. Luminant Generation Company LLC et al

54 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that the EPA could overrule the state agency's construction of the term “best available control technology” in the Clean Air Act”

Holding that statute of limitations for SEC enforcement actions begins when fraudulent action occurs

Holding notice and 60-day delay requirements mandatory conditions precedent to commencing suit under 42 U.S.C. § 6972

Holding that an action filed in an improper venue tolled the FELA statute of limitations, and noting that "venue objections may be waived by the defendant"

Holding dismissal under Rule 12(b) may be proper "where it is evident from the plaintiff's pleadings that the action is [time] barred and the pleadings fail to raise some basis for tolling or the like"

Holding that two-year statute of limitations for negligence claims also applies to negligent misrepresentation claims

Applying Alabama law

Holding that "equity will withhold its relief in such a case where the applicable statute of limitations would bar the concurrent legal remedy."

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Finding that “air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments”

Allowing exception to five-year limitations period where Congress has provided otherwise

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

Requiring permits for "the construction and operation" of certain facilities

Granting authority to the EPA to designate the best system and determine achievable degree of emissions reduction

Defining "construction" to include "modification"

Articulating ten minimum elements for state programs

Providing minimum federal standards upon plan disapproval

Governing "modification" of stationary sources

Defining BACT as "Best Available Control Technology with consideration given to the technical practicability and economic reasonableness of reducing or eliminating emissions from the facility."