Federal Magistrate Judge: Texas Coal Plant Can’t Dodge Clean Air Act

Power plant emits more than 800 tons of soot every year


Kari Birdseye, Earthjustice, (415) 217-2098


Jenna Garland, Sierra Club, (404) 281-6398

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.

Additional Resources

About Earthjustice

Earthjustice is the premier nonprofit environmental law organization. We wield the power of law and the strength of partnership to protect people's health, to preserve magnificent places and wildlife, to advance clean energy, and to combat climate change. We are here because the earth needs a good lawyer.