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SIERRA CLUB v. KHANJEE HOLDING (US) INC.

No. 09-4008.

655 F.3d 699 (2011)

SIERRA CLUB, Plaintiff-Appellee, v. KHANJEE HOLDING (US) INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 24, 2011.

Attorney(s) appearing for the Case

Kira Elizabeth Loehr (argued), Attorney, Citizens Utility Board of Wisconsin, Inc., Lester A. Pines , Attorney, Cullen Weston Pines & Bach LLP, Madison, WI, for Plaintiff-Appellee.

Stephen M. Soble (argued), Attorney, Soble International Law, Washington, DC, for Defendant-Appellant.

Before BAUER, RIPPLE, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

This matter comes to us as a successive appeal. The original defendants wanted to build a power plant in southern Illinois. In the first appeal, we concluded that the defendants' Prevention of Significant Deterioration ("PSD") permit, which they needed in order to build the power plant, see 42 U.S.C. § 7475(a), had expired. We therefore held that it was proper for the district court to grant summary judgment in favor of plaintiff...

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