On Friday, a federal magistrate judge recommended that the Federal District Court in the Eastern District of Texas deny efforts by Energy Future Holdings (EFH) and their subsidiary Luminant Generating Company to stop action by the Sierra Club to enforce common sense clean air safeguards at the Martin Lake coal plant. The magistrate judge recommended that the federal district court deny every argument made by EFH and Luminant designed to avoid proceeding to court.
Lisa Perfetto, attorney with Earthjustice, which represents the Sierra Club in the lawsuit, said, “The magistrate judge’s recommendation was a straightforward decision based on federal law and the state clean air plan. We are confident we can prove our case in district court and we look forward to reducing dangerous air pollution at the Martin Lake coal plant.”
The recommendation by the federal magistrate judge follows a similar ruling in Federal District Court in the Western District of Texas in February 2013 against EFH and Luminant in a Sierra Club action to reduce pollution from the Big Brown coal plant.