10th Circuit Majority Finds Sierra Club’s Claims Over Modified Boiler Untimely

Mealey's (March 9, 2016, 11:37 AM EST) -- DENVER — A 2-1 panel of the 10th Circuit U.S. Court of Appeals on March 8 affirmed a federal judge in Oklahoma’s ruling that the Sierra Club’s claim that Oklahoma Gas & Electric Co. (OG&E) modified a boiler without first obtaining the required permits was untimely, holding that the statute of limitations began to run when the modification was complete in 2008 (Sierra Club v. Oklahoma Gas & Electric Co., No. 14-7065, 10th Cir.; 2016 U.S. App. LEXIS 4308).

(Opinion available. Document #08-160311-051Z.)

The majority, which...
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