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SIERRA CLUB v. U.S.E.P.A.

No. 06-3907.

499 F.3d 653 (2007)

SIERRA CLUB, et al., Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent, and Prairie State Generating Company, LLC, Intervenor-Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 24, 2007.

Attorney(s) appearing for the Case

Sanjay Narayan (argued), San Francisco, CA, for Petitioners.

Jon M. Lipshultz (argued), Department of Justice, Environmental Defense Section, Washington, DC, for Respondent.

Kevin J. Finto, George P. Sibley, III, Harry M. Johnson, III (argued), Hunton & Williams, Richmond, VA, for Intervenor-Respondent.

Before POSNER, KANNE, and WILLIAMS, Circuit Judges.

POSNER, Circuit Judge.

The federal Environmental Protection Agency (actually, Illinois's counterpart to the EPA, exercising authority that the federal EPA had delegated to it, but we can ignore that detail) issued a permit to Prairie State Generating Company to build a 1,500-megawatt coal-fired electrical generating plant in southern Illinois, near St. Louis. Environmentalists asked the EPA's Environmental Appeals Board to reverse the issuance of the permit, and,...

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