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UTAH CH. OF SIERRA CLUB v. UTAH AIR QUALITY

No. 20050454.

148 P.3d 975 (2006)

2006 UT 73

UTAH CHAPTER OF the SIERRA CLUB, a non-profit organization, and Grand Canyon Trust, a non-profit organization, Petitioners, v. UTAH AIR QUALITY BOARD, an agency of the State of Utah, and Intermountain Power Service Corporation, Respondents.

Supreme Court of Utah.

November 21, 2006.

Attorney(s) appearing for the Case

Joro Walker, Sean Phelan, Salt Lake City, for petitioners.

Mark L. Shurtleff, Att'y Gen., Fred G. Nelson, Paul McConkie, Asst. Att'ys Gen., Salt Lake City, George M. Haley, E. Blaine Rawson, Salt Lake City, for respondents.

On Certification from the Utah Court of Appeals

DURHAM, Chief Justice:

INTRODUCTION

¶ 1 The Executive Secretary of the Utah Division of Air Quality granted a permit to the Intermountain Power Service Corporation (Intermountain Power) authorizing the construction and operation of an additional 950-megawatt coal-fired power plant at the Intermountain Power Plant in Millard County, Utah. Shortly thereafter, the Sierra Club filed a petition before...

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