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SIERRA CLUB v. GEORGIA POWER CO.

No. 05-11314.

443 F.3d 1346 (2006)

SIERRA CLUB, Physicians for Social Responsibility, Georgia Forestwatch, Eileen Lange, Plaintiffs-Appellees, v. GEORGIA POWER COMPANY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 30, 2006.

Attorney(s) appearing for the Case

Margaret Claiborne Campbell, Daniel S. Reinhardt, Gary R. Sheehan, Jr., Amanda C. Baxter, Troutman Sanders, Atlanta, GA, for Defendant-Appellant.

Robert Ukeiley, Law Office of Robert Ukeiley, Berea, KY, for Plaintiffs-Appellees.

Teresa Wynn Roseborough, Sutherland, Asbill & Brennan, Atlanta, GA, for Georgia Pulp and Paper Ass'n, Inc., Amicus Curiae.

G. Graham Holden, Jones Day, Charles A. Perry, Hunton & Williams, Atlanta, GA, for Oglethorpe Power Corp., Amicus Curiae.

Cletus W. Bergen, II, Savannah, GA, for Environmental Integrity Project, Amicus Curiae.

Before BLACK, HULL and FARRIS, Circuit Judges.

HULL, Circuit Judge:

In this citizen enforcement action, the Sierra Club and other public interest plaintiffs (collectively, "Sierra Club") allege violations of the Clean Air Act, 42 U.S.C. §§ 7401-7671q, at Plant Wansley, a large power plant owned and operated by Georgia Power Company ("Georgia Power"). Specifically, Sierra Club asserts that on thousands of occasions between 1998 and 2002, Plant Wansley's emissions exceeded limits prescribed by the Plant...

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