Wednesday, Feb. 26, 2014, a federal district court ruled in favor of Energy Future Holdings Corp. (EFH) and Luminant Generation Company LLC in a lawsuit brought by the Sierra Club. The lawsuit alleged that Luminant, a subsidiary of Energy Future Holdings Corp., had violated the Clean Air Act at its Big Brown Steam Electric Station in Freestone County, Texas.
Following a three-day trial, Judge Walter S. Smith of the U.S. District Court for the Western District of Texas found that no violations had occurred and denied all requested relief.
Stephen Gidiere of Balch & Bingham, Daniel J. Kelly, vice president and associate general counsel of EFH, and William Dawson and Michael Raiff of Gibson, Dunn & Crutcher LLP represented EFH and Luminant in the trial.
"This ruling is directly attributable to the strong commitment of our company and our employees to environmental excellence, and our legal team did a masterful job of proving our compliance record in court. Dan Kelly, associate general counsel of EFH, was superb in leading our trial strategy and our trial team from Gibson Dunn and Balch & Bingham put on a flawless defense case. We are proud of this result and our entire trial team," said Stacey Doré, executive vice president and general counsel of EFH.
Stephen Gidiere, partner at Balch & Bingham LLP, added, "We are proud to represent Luminant in this significant win for the company and to work to protect the good name and integrity of its employees."
Luminant, a subsidiary of Energy Future Holdings Corp., is a competitive power generation business, including mining, wholesale marketing and trading, and development operations. Luminant has more than 15,400 megawatts of generation in Texas, including 2,300 MW fueled by nuclear power and 8,000 MW fueled by coal.