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SIERRA CLUB v. TWO ELK GENERATION PARTNERS, LTD.

No. 10-8032.

646 F.3d 1258 (2011)

SIERRA CLUB, Plaintiff-Appellant, v. TWO ELK GENERATION PARTNERS, LIMITED PARTNERSHIP, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 31, 2011.

Attorney(s) appearing for the Case

Elena Saxonhouse (and Sanjay Narayan of Sierra Club Environmental Law Program, on the briefs), San Francisco, CA, for Plaintiff-Appellant.

Michael C. Theis (and Andrew C. Lillie of Hogan, Lovells, US, L.L.P., Denver, CO, Mary A. Throne of Throne Law Office, P.C., Cheyenne, WY, on the brief), for Defendant-Appellee.

Before KELLY, TACHA, and LUCERO, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Plaintiff-Appellant Sierra Club filed this action on January 29, 2009 under the citizen suit provision of the Clean Air Act ("CAA"), 42 U.S.C. § 7604(a)(3), alleging that Defendant-Appellee Two Elk Generation Partners ("Two Elk") is attempting to build a coal-fired power plant ("Power Plant") with an invalid Prevention of Significant Deterioration ("PSD") permit in violation of the CAA.1 The district...

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