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U.S. v. EME HOMER CITY GENERATION L.P.

No. 2:11-cv-19.

823 F.Supp.2d 274 (2011)

UNITED STATES of America, Plaintiff, v. EME HOMER CITY GENERATION L.P., Homer City OL1 LLC, Homer City OL2 LLC, Homer City OL3 OLC, Homer City OL4 LLC, Homer City OL5 LLC, Homer City OL6 LLC, Homer City OL7, Homer City OL8, New York State Electric and Gas Corporation and Pennsylvania Electric Company, Defendants. Commonwealth of Pennsylvania, Department of Environmental Protection and State of New York, Intervenor-Plaintiffs, v. EME Homer City Generation L.P., et al., Defendants. State of New Jersey, Intervenor-Plaintiff, v. EME Homer City Generation L.P., et al., Defendants.

United States District Court, W.D. Pennsylvania.

October 12, 2011.

Attorney(s) appearing for the Case

Cara M. Mroczek, John W. Sither, Katherine L. Vanderhook, United States Department of Justice, Washington, DC, Paul E. Skirtich, United States Attorney's Office, Pittsburgh, PA, for Plaintiff.

James M. Jones, Rebekah B. Kcehowski, Jones Day, Peter T. Stinson, W. Alan Torrance, Jr., Dickie, McCamey & Chilcote, Pittsburgh, PA, Andrew N. Sawula, Stephen J. Bonebrake, Schiff Hardin LLP, Brian J. Murray, Daniel E. Reidy, Jones Day, Chicago, IL, Kevin P. Holewinski, Jones Day, Chet B. Thompson, Jeffrey Poston, Crowell & Moring LLP, Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER OF COURT

TERRENCE F. McVERRY, District Judge.

Pending before the Court are the following motions to dismiss: EME HOMER CITY GENERATION L.P.'S MOTION TO DISMISS (Doc. No. 85); DEFENDANTS HOMER CITY OWNER-LESSORS' MOTION TO DISMISS (Doc. No. 87); NEW YORK STATE ELECTRIC & GAS CORPORATION'S MOTION TO DISMISS (Doc. No. 88); and PENNSYLVANIA ELECTRIC COMPANY'S MOTION TO DISMISS (Doc. No. 91), each with a brief in support...

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