Grand Canyon Trust v. Tucson Electric Power Company

In December 1977, Tucson Electric Power Company received a permit from the Environmental Protection Agency (“EPA”) to build a coal-powered electric generating plant near the town of Springerville, Arizona (the “Springerville plant,” or “Spring-erville”). Twenty-four years later, the Grand Canyon Trust (“Grand Canyon”) brought this action against Tucson Electric to enforce the federal Clean Air Act. Grand Canyon alleges that Tucson Electric’s 1977 construction permit for Spring-erville was invalid for several related reasons and, therefore, that Tucson Electric has been operating Springerville for many years in violation of the Clean Air Act. The district court granted partial summary judgment to Tucson Electric on the merits of one of Grand Canyon’s claims, and subsequently granted summary judgment to Tucson Electric on the entire action based on the equitable defense of laches.

Grand Canyon appeals both orders. Tucson Electric has moved to strike Grand Canyon’s appeal of the partial summary judgment order. We deny Tucson Electric’s motion to strike, we vacate the order granting partial summary judgment, we reverse the judgment dismissing the entire action based on laches, and we…