SIERRA CLUB v. JOHNSON

No. 07-11537.

541 F.3d 1257 (2008)

SIERRA CLUB, Coosa River Basin Initiative, Petitioners, v. Stephen L. JOHNSON, in his capacity as Administrator, United States Environmental Protection Agency, Respondent, Georgia Power Company, Oglethorpe Power Corporation, Georgia Environmental Protection Division, Intervenors.

United States Court of Appeals, Eleventh Circuit.

September 2, 2008.


Attorney(s) appearing for the Case

George E. Hays, Michael A. Costa, San Francisco, CA, Justine Thompson, GreenLaw, Atlanta, GA, for Petitioners.

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

Daniel S. Reinhardt, Margaret Claiborne Campbell, Byron W. Kirkpatrick, Amy Pilat McMorrow, Troutman Sanders, LLP, G. Graham Holden, Jones Day, Susan L. Rutherford, Gray, Hedrick & Edenfield, LLP, Diane L. DeShazo, State of GA Dept. of Law, Atlanta, GA, for Intervenors.

Before EDMONDSON, Chief Judge, and BLACK and FARRIS, Circuit Judges.


BLACK, Circuit Judge:

This Clean Air Act case involves a dispute over what triggers the Environmental Protection Agency's statutory duty to object to the issuance of a Title V operating permit under 42 U.S.C. § 7661d(b)(2). The Clean Air Act requires the EPA Administrator to object to an operating permit "if [a] petitioner demonstrates to the Administrator that [a] permit is not in compliance with the requirements of [the Clean Air Act]." Id. The Sierra...

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