A federal judge in Texas ruled that The Sierra Club’s recent lawsuit against Texas power generator Luminant was "frivolous" and warranted the repayment of $6.4 million in legal fees to Luminant.

According to news reports, The Sierra Club had sued Luminant claiming that it had broken federal air pollution laws by emitting more soot and other particulates into the atmosphere than what permits allowed at one of their power plants. The Sierra Club was seeking $330 million in damages and $140 million in pollution control upgrades.

As it turns out, however, in its rush to the courthouse, The Sierra Club failed to take note of environmental reports issued by the Texas Commission on Environmental Quality (TCEQ) that concluded Luminant committed no Clean Air violations. As stated in his opinion, U.S. District Judge Walter S. Smith said, "Even with this knowledge at its disposal, plaintiff admitted that they failed to analyze or investigate the TCEQ investigation reports and filed suit. Consequently, after immense discovery, expense and use of judicial resources, this court found no evidence supporting any deficiency in the TCEQ's investigation reports."

 Al Armendariz, Sierra Club's Beyond Coal campaign director, countered that the Club is “confident the court of appeals will reverse this decision.”

—Source: biggreenradicals.com