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

No. 07-4485.

557 F.3d 401 (2009)

SIERRA CLUB, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Lisa Jackson, Administrator, Respondents, East Kentucky Power Cooperative, Inc., Intervenor-Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 26, 2009.

Attorney(s) appearing for the Case

ARGUED: David C. Bender, Garvey, McNeil & McGillivray, Madison, Wisconsin, for Petitioner. Joshua M. Levin, United States Department of Justice, Washington, D.C., for Respondent. Harry M. Johnson, III, Hunton & Williams, Richmond, Virginia, for Intervenor. ON BRIEF: David C. Bender, Christa O. Westerberg, Garvey, McNeil & McGillivray, Madison, Wisconsin, Stephanie Tai, University of Wisconsin Law School, Madison, Wisconsin, for Petitioner. Joshua M. Levin, United States Department of Justice, Washington, D.C., for Respondent. Harry M. Johnson III, John M. Holloway, III, Penny A. Shamblin, Sean P. Trende, Hunton & Williams, Richmond, Virginia, for Intervenor.

Before: BATCHELDER, GILMAN and SUTTON, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

The Clean Air Act requires the Environmental Protection Agency to object to an air-pollution permit if any person "demonstrates" to the EPA "that the permit is not in compliance" with the Act's requirements. 42 U.S.C. § 7661d(b)(2). In August 2006, the Sierra Club petitioned the EPA Administrator to object to a permit issued by the Kentucky Division of Air Quality to the East Kentucky Power Cooperative, claiming it had...

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