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SIERRA CLUB v. KORLESKI

Civil Action No. 2:08-cv-865.

716 F.Supp.2d 699 (2010)

SIERRA CLUB, et al., Plaintiffs v. Christopher KORLESKI, Director of Ohio EPA, Defendant.

United States District Court, S.D. Ohio, Eastern Division.

February 2, 2010.

Attorney(s) appearing for the Case

Dennis David Altman , Amy Marie Hartford , Amy Jo Leonard , Brett Andrew Kravitz , Justin Derek Newman, D. David Altman Co. LPA, Cincinnati, OH, for Plaintiffs.

Samuel Clifford Peterson , Alexandra T. Schimmer , Office of the Ohio Attorney General, Gregg Henry Bachmann , Ohio Attorney General, Environmental Enforcement, Thaddeus Henderson Driscoll , Ohio Attorney General's Office, Columbus, OH, for Defendant.

ORDER

MARK R. ABEL, United States Magistrate Judge.

On July 29, 2009, 654 F.Supp.2d 722 (S.D.Ohio 2009), the Court denied plaintiffs motion for partial summary judgment. See doc. 55. The Order held that 42 U.S.C. § 7604(a)(1) does not authorize citizen suits against the state as a regulator who failed to enforce the Clear Air Act. This matter is before the Court on plaintiffs' September 23, 2009 motion...

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