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U.S. v. CINERGY CORP.

Nos. 09-3344, 09-3350, 09-3351.

623 F.3d 455 (2010)

UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant, and State of New York, et al., Plaintiffs-Intervenors-Appellees/Cross-Appellants, v. CINERGY CORPORATION, et al., Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 12, 2010.

Attorney(s) appearing for the Case

Jason A. Dunn (argued), Attorney, Department of Justice, Environment & Natural Resources Division, Washington, DC, for United States of America.

Mark D. Hopson , Attorney, Sidley Austin, Washington, DC, for Defendants-Appellees in Nos. 09-3344, 09-3350, 09-3351.

Scott N. Koschwitz , Office of the Attorney General, Hartford, CT, Jon Martin , Hughes Justice Complex, Trenton, NJ, Michael J. Myers , New York State Department of Law, Environmental Protection Bureau, Albany, NY, for Intervenors-Appellants in No. 09-3350.

Peter D. Keisler (argued), Sidley Austin , Washington, DC, for Defendants-Appellants in No. 09-3351.

Keith Guthrie , Elizabethtown, IN, Scott N. Koschwitz , Office of the Attorney General, Hartford, CT, Jon Martin , Hughes Justice Complex, Trenton, NJ, Michael J. Myers , New York State Department of Law, Environmental Protection Bureau, Albany, NJ, for Intervenor-Appellees in No. 09-3351.

Before EASTERBROOK, Chief Judge, and POSNER and ROVNER, Circuit Judges.

POSNER, Circuit Judge.

More than a decade ago the Environmental Protection Agency brought this suit against affiliated owners (we'll pretend they're a single entity, Cinergy) of a number of coal-fired electric power plants in the Midwest. The suit claims that Cinergy violated section 165(a) of the Clean Air Act, 42 U.S.C. § 7475(a), by modifying a number of the plants without first obtaining from the agency a permit that the agency contends was required by a...

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