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NATURAL RESOURCES DEFENSE COUNCIL v. JACKSON

Nos. 09-1405, 10-2123.

650 F.3d 662 (2011)

NATURAL RESOURCES DEFENSE COUNCIL and Sierra Club, Inc., Petitioners, v. Lisa P. JACKSON, Administrator of the Environmental Protection Agency, Respondent. Air Permitting Forum, et al., Intervening Respondents.

United States Court of Appeals, Seventh Circuit.

Decided June 16, 2011.

Attorney(s) appearing for the Case

Colin Casey O'Brien (argued), Attorney, Earthjustice, Juneau, AK, John DuVal Walke , Attorney, Natural Resources Defense Council, Washington, DC, David C. Bender , Attorney, Garvey, McNeil & Associates, Madison, WI, for Petitioners.

Amanda Shafer Berman (argued), Attorney, Department of Justice, Environmental Defense Section, Washington, DC, Susan M. Tennenbaum , Attorney, Environmental Protection Agency, Region 5, Office of the Regional Counsel, Chicago, IL, for Respondent.

Warren A. Fitch , Attorney, Bingham McCutchen LLP, Makram B. Jaber , Henry V. Nickel (argued), Attorneys, Hunton & Williams, Washington, DC, G. Michael Halfenger , Attorney, Foley & Lardner LLP, Milwaukee, WI, Megan Senatori , Attorney, DeWitt, Ross & Stevens S.C., Madison, WI, for Not-Party Intervenors in No. 09-1405.

Makram B. Jaber , Henry V. Nickel (argued), Attorneys, Hunton & Williams, William H. Lewis, Jr. , Morgan, Lewis & Bockius LLP, Washington, DC, for Intervening Respondents in No. 10-2123.

Thomas J. Dawson , Attorney, Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Amicus Curiae State of Wisconsin.

Before EASTERBROOK, Chief Judge, and EVANS and WILLIAMS, Circuit Judges.

EASTERBROOK, Chief Judge.

Two sections of the Clean Air Act provide that neither national nor state officials may make any changes that cause air quality to deteriorate in parts of the country that have yet to attain the required standard. See sections 110(l) and 193, codified at 42 U.S.C. §§ 7410(l), 7515. See also Environmental Defense v. Duke Energy Corp., 549 U.S. 561, 127 S.Ct. 1423, 167 L.Ed.2d...

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