A federal appeals court July 14 affirmed a lower court injunction, halting work under a Clean Water Act dredge-and-fill permit at the construction site of a new coal-fired power plant in Arkansas (Sierra Club v. U.S. Army Corps of Engineers, 8th Cir., No. 10-3452, 7/14/11). The U.S. Court of Appeals for the Eighth Circuit sent the case back to the U.S. District Court for the Western District of Arkansas for further proceedings on the injunction, which was issued Oct. 27, 2010. In its decision, the appeals court rejected claims by Southwestern Electric Power Co. that the Sierra Club and other environmental groups, as well as the nearby Hempstead County Hunting Club, had failed to show "injury in fact," so they could not rightfully obtain in-junctive relief.
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