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SIERRA CLUB v. KORLESKI

No. 10-3269.

681 F.3d 342 (2012)

SIERRA CLUB; Michael Sinclair; Theresa Cole; Josephine Cole, Plaintiffs-Appellees, v. Christopher KORLESKI, Director, Ohio Environmental Protection Agency, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 25, 2012.

Attorney(s) appearing for the Case

ARGUED: Alexandra T. Schimmer , Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. D. David Altman , D. David Altman Co., L.P.A., Cincinnati, Ohio, for Appellees. Peter J. McVeigh , United States Department of Justice, Washington, D.C., for Amici Curiae. ON BRIEF: Alexandra T. Schimmer , David M. Lieberman , Gregg H. Bachmann , Thaddeus H. Driscoll , Samuel C. Peterson , Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. D. David Altman , Justin D. Newman , D. David Altman Co., L.P.A., Cincinnati, Ohio, for Appellees. Peter J. McVeigh , United States Department of Justice, Washington, D.C., David E. Northrop , Robert L. Brubaker , Porter, Wright, Morris & Arthur LLP, Columbus, Ohio, for Amici Curiae.

KETHLEDGE, J., delivered the opinion of the court, in which SILER, J., joined. COLE, J. (pp. 353-55), delivered a separate dissenting opinion.

OPINION

KETHLEDGE, Circuit Judge.

The State of Ohio, pursuant to legislation passed by its General Assembly and signed by its Governor, has chosen no longer to administer a particular federal regulation promulgated under the Clean Air Act. The plaintiffs brought this lawsuit to compel the State to administer the federal regulation. As authority for the suit, the plaintiffs invoke the Clean Air Act's citizen-suit provision. The State contends that the suit...

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