A federal appeals court has let stand the dismissal of a Sierra Club lawsuit that accused Oklahoma Gas and Electric Co. of violating provisions of the federal Clean Air Act.
A 2013 lawsuit alleged OG&E modified a boiler at a coal-fired power plant it operates in Muskogee in March and April 2008 without first obtaining an emission-regulating permit as required under the Clean Air Act. As a result, the lawsuit alleges the plant emitted pollution in amounts that violated its federal permit.
A federal judge in Muskogee dismissed the lawsuit, ruling that it was filed more than five years after construction began on the plant and was barred by the statute of limitations. That ruling was upheld on Tuesday by the 10th U.S. Circuit Court of Appeals.
US Court OKs Dismissal of Sierra Club Lawsuit Against OG&E
State Impact-Oklahoma