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CHIPPERFIELD v. MO. AIR CONSERVATION COM'N

No. 27947.

229 S.W.3d 226 (2007)

Linda CHIPPERFIELD, and Sierra Club, Petitioners-Appellants, v. MISSOURI AIR CONSERVATION COMMISSION, Respondent-Respondent, and City Utilities of Springfield, Intervenor-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Rehearing Denied July 10, 2007.

Application for Transfer Denied August 21, 2007.

Attorney(s) appearing for the Case

George E. Hays, San Francisco, CA, William J. Moore, III, Law Office of William J. Moore, III, P.A., Jacksonville, FL, James H. Arneson, Springfield, MO, for appellants.

Jeremiah W. (Jay) Nixon, Attorney General, Shelley A. Woods, Assistant Attorney General, Jefferson City, MO, for respondent Missouri Air Conservation Commission.

Gary Cunningham, Joseph L. Johnson, Lathrop & Gage, L.C., Springfield, Terry Satterlee, Thomas Grever, Shook, Hardy & Bacon, Kansas City, MO, for intervenor-respondent City Utilities of Springfield.

GARY W. LYNCH, Judge.

Linda Chipperfield and Sierra Club ("Appellants") appeal the judgment of the Circuit Court of Greene County, Missouri, affirming the decision and order of the Missouri Air Conservation Commission ("Commission") which upheld the Missouri Department of Natural Resources' ("MDNR") issuance to City Utilities of Springfield ("City Utilities") of a permit to construct a pulverized coal-fired boiler. We affirm.

1) Procedural History...

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