WildEarth Guardians v. Public Service Company

Plaintiff-Appellant WildEarth Guardians sued Public Service Company of Colorado (PSCo) pursuant to the Clean Air Act's citizen-suit provisions seeking civil penalties and an injunction to halt construction for a new coal-fired power plant in Pueblo, Colorado. WildEarth's principal argument was that PSCo failed to obtain a valid construction permit. Although the project initially complied with all applicable federal and state laws when construction commenced in 2005, the regulatory landscape changed in 2008. A decision of the D.C. Circuit required regulators to impose additional Clean Air Act requirements upon new power plant construction. While litigation was pending, PSCo finished constructing the plant and came into compliance with the new regulatory regime. The district court dismissed the suit, reasoning that to find a Clean Air violation under the circumstances would be to give unwarranted retroactive effect to the decision of the D.C. Circuit. The question before the Tenth Circuit was whether WildEarth's allegations that PSCo violated the Act became moot. Upon review, the Tenth Circuit concluded that "under the unusual circumstances of this case . . . PSCo's violations could nto reasonably be expected to recur, and thus no deterrent effect could be achieved." Accordingly, the Court dismissed the appeal as moot. View "WildEarth Guardians v. Public Service Company" on Justia Law