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SIERRA CLUB v. OTTER TAIL POWER CO.

No. 09-2862.

615 F.3d 1008 (2010)

SIERRA CLUB, Appellant, v. OTTER TAIL POWER COMPANY; MDU Resources Group, Inc.; Northwestern Corporation, d/b/a Northwestern Energy, Appellees. State of South Dakota, Amicus on Behalf of Appellees, United States Environmental Protection Agency, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Filed: August 12, 2010.

Attorney(s) appearing for the Case

George E. Hays, argued, San Francisco, CA, Aaron J. Emerson, on the brief, Sioux Falls, SD, for appellant.

Harry M. Johnson, III, argued, Washington, DC, Thomas J. Welk, Christopher W. Madsen, Sioux Falls, SD, Makram B. Jaber, Brent Alan Rosser, Washington, DC, on the brief, for appellee.

Before RILEY, Chief Judge, JOHN R. GIBSON and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Sierra Club brought this Clean Air Act (CAA) citizen suit against Otter Tail Power Company, MDU Resources Group, and Northwestern Energy, who own and operate the Big Stone Generating Station, a coal fired power plant near the border between South Dakota and Minnesota. Sierra Club alleged that Otter Tail violated the CAA by failing to obtain permits for a series of modifications to the plant and by exceeding applicable emission limits. The district...

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