Cleancoalition v. TXU Power, Cause No. 07-50685 (5th Cir., Jul. 21, 2008). Holding that the Clean Air Act provides opportunities for citizens groups to participate in permitting decisions other than federal lawsuits, the Fifth Circuit denied a citizens suit challenging a pre-construction permit application for TXU’s proposed Oak Grove Power Plant in Robertson County, Texas. Because the Act’s citizen suit provisions did not authorize federal lawsuits as a means to challenge a preconstruction permit application, the Fifth Circuit concluded it lacked subject matter jurisdiction and affirmed dismissals by the district court. The court noted that even if a party filed an incomplete preconstruction permit, doing so would not in itself violate a preconstruction requirement or an emissions standard and could not be a basis for a citizen lawsuit.

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