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SIERRA CLUB v. LEAVITT

No. 03-10266.

368 F.3d 1300 (2004)

The SIERRA CLUB, Petitioner, v. Mike LEAVITT, in his official capacity as Administrator of the United States Environmental Protection Agency, United States Environmental Protection Agency, Respondents, Oglethorpe Power Corporation, Intervenor-Respondent.

United States Court of Appeals, Eleventh Circuit.

May 5, 2004.

Attorney(s) appearing for the Case

Curtis A. Cox, Atlanta, GA, for Petitioner.

Ellen A. Rouch, Atlanta, GA, Ammie Roseman-Orr, Joshua M. Levin, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for Respondents.

Diane L. DeShazo, State of Georgia, Dept. of Law, Atlanta, GA, for Environmenal Protection Div., Dept. of Natural Resources, Amicus Curiae.

Rita Arlene Sheffey, Charles A. Perry, Melvin Scott Schulze, Hunton & Williams, Atlanta, GA, G. Graham Holden, Tucker, GA, for Intervenor-Respondent.

Before ANDERSON, CARNES and MARCUS, Circuit Judges.

ANDERSON, Circuit Judge:

I. INTRODUCTION

This case arises out of Sierra Club's effort to block Oglethorpe Power Corporation ("Oglethorpe") from obtaining a permit for a portion of the Wansley Steam-Electric Generating Plant ("Plant Wansley"), a power plant in Heard County, Georgia. On November 30, 2000, Oglethorpe applied to the Georgia Environmental Protection Division ("EPD") for a permit for Block 8 of Plant Wansley, the Wansley Combined Cycle Energy...

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