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Stephen Gidiere Served as Lead Counsel for Luminant Generation in Texas Regional Haze case, Featured by Law360 as Major Environmental Law Ruling of 2016

Stephen Gidiere, partner in the Birmingham office and member of the Environmental & Natural Resources Practice, served as lead counsel in a case featured by Law360 as one of the biggest environmental law rulings of 2016. Balch represents Luminant Generation as a petitioner in State of Texas et al. v. EPA et al. in the Fifth Circuit Court of Appeals, in a challenge to the U.S. Environmental Protection Agency (EPA)’s rule that would have required over $2 billion in expenditures at Texas power plants.  In July, the Fifth Circuit stayed EPA’s rule, finding that it was likely unlawful.

Stephen Gidiere and David Mitchell, partner in the firm’s Washington, D.C., office and member of the Environmental & Natural Resources Practice represent Luminant in the case. In June 2016, Stephen Gidiere successfully argued on behalf of Luminant and other industry petitioners in the case in June 2016, to obtain a stay of the rule pending its full review. Following argument, the court ruled, among other things, that the EPA likely “exceeded its statutory authority by disapproving the Texas and Oklahoma reasonable progress goals even though the goals complied with the Clean Air Act’s standards.”