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

No. 06-10714.

496 F.3d 1182 (2007)

SIERRA CLUB, Petitioner, v. ADMINISTRATOR, U.S.E.P.A. U.S. Environmental Protection Agency, Respondent, Oglethorpe Power Corporation, Georgia Environmental Protection Division, Georgia Power Company, Intervenor-Respondents.

United States Court of Appeals, Eleventh Circuit.

June 26, 2007.

Attorney(s) appearing for the Case

Aubrey E. Baldwin, Law Office of Robert Ukeiley, Portland, OR, Robert Ukeiley, Law Office of Robert Ukeiley, Berea, KY, Ilan Levin, Envir. Integ. Proj., Austin, TX, for Petitioner.

Andrew J. Doyle, U.S. Dept. of Justice, ENRD, Washington, DC, for Respondent.

G. Graham Holden, Jones Day, Diane L. DeShazo, State of GA, Dept. of Law, Daniel S. Reinhardt, Margaret Claiborne Campbell, Amanda C. Baxter, Troutman Sanders, Melvin Scott Schulze, Hunton & Williams, Atlanta, GA, for Intervenor-Respondents.

Before HULL and MARCUS, Circuit Judges, and BARZILAY, Judge.

PER CURIAM:

The Sierra Club petitions this Court for the second time to review an order of the Environmental Protection Agency ("EPA") in which the EPA declined to object to a permit granted to Oglethorpe Power Corporation by the Georgia Environmental Protection Division ("Georgia EPD") for the operation and construction of a major stationary source.1 The question we face today is whether the EPA's interpretation of the term "owner . ...

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