SIERRA CLUB v. FRANKLIN COUNTY POWER OF ILLINOIS

No. 06-4045.

546 F.3d 918 (2008)

SIERRA CLUB, Plaintiff-Appellee, v. FRANKLIN COUNTY POWER OF ILLINOIS, LLC, formerly known as EnviroPower of Illinois, LLC, EnviroPower, LLC, and Khanjee Holding (US), Inc., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 27, 2008.


Attorney(s) appearing for the Case

Lester A. Pines, Kira E. Loehr (argued), Cullen, Weston, Pines & Bach, Madison, WI, for Plaintiff-Appellee.

Nathan Z. Dershowitz (argued), Dershowitz, Eiger & Adelson, New York, NY, Stephen M. Soble, Soble International Law, Washington, DC, for Defendants-Appellants.

Before BAUER, RIPPLE, and WILLIAMS, Circuit Judges.


WILLIAMS, Circuit Judge.

Franklin County Power of Illinois, LLC, wants to build a coal power plant in southern Illinois. Because the plant will emit a significant amount of air pollution, the Company must first obtain a "Prevention of Significant Deterioration" (PSD) permit from the Illinois Environmental Protection Agency (IEPA), the agency that the federal EPA has designated as the issuer of PSD permits in Illinois. Although the IEPA granted the Company a PSD permit...

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