WildEarth Guardians v. Lamar Utilities Board et al

Filing 155

ORDER. The Court, on its own motion, directs the parties to file supplemental briefs addressing whether, and to what extent, this case is moot. The supplemental briefs may not be more than five pages in length, and should be filed simultaneously ten days from the date of this order, by Judge David M. Ebel on 9/5/12. (lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:09-cv-02974-DME-BNB
WILDEARTH GUARDIANS, a New Mexico non-profit corporation,
Plaintiff,
v.
LAMAR UTILITIES BOARD doing business as LAMAR LIGHT AND POWER, and
ARKANSAS RIVER POWER AUTHORITY,
Defendants.
ORDER
The Court, on its own motion, directs the parties to file supplemental briefs
addressing whether, and to what extent, this case is moot, in light of the revised
construction permit the Colorado Department of Public Health and Environment’s Air
Pollution Control Division issued Defendants, on July 25, 2012, and in light of the recent
Tenth Circuit decision in Wildearth Guardians v. Public Service Co. of Colorado, No. 111400, 2012 WL 3243458 (10th Cir. Aug. 10, 2012). The supplemental briefs may not be
more than five pages in length, and should be filed simultaneously ten days from the
date of this order.
Dated this

5th

day of

September

, 2012.

BY THE COURT:
s/ David M. Ebel
U. S. CIRCUIT COURT JUDGE