U.S. v. MIDWEST GENERATION, LLC

Nos. 12-1026, 12-1051.

720 F.3d 644 (2013)

UNITED STATES of America and State of Illinois, Plaintiffs-Appellants, v. MIDWEST GENERATION, LLC, Edison Mission Energy, and Commonwealth Edison Company, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 8, 2013.


Attorney(s) appearing for the Case

Jonathan C. Haile , Attorney, Office of the United States Attorney, Susan M. Tennenbaum , Attorney, Environmental Protection Agency, Region 5, Office of the Regional Counsel, Chicago, IL, Jennifer Anne Lukas-Jackson , Robert Lundman (argued), Attorneys, Department of Justice, Environment & Natural Resources Division, Washington, DC, for Plaintiff-Appellant in No. 12-1026.

Rachel A. Murphy , Attorney, Office of the Attorney General, Civil Appeals Division, Chicago, IL, for Plaintiff-Appellant in No. 12-1051.

Brian J. Murray , Attorney, Jones Day, Chicago, IL, Paul M. Smith (argued), Daniel Reidy (argued), Attorneys, Jenner & Block LLP, Washington, DC, for Defendants-Appellees.

Before EASTERBROOK, Chief Judge, and MANION and TINDER, Circuit Judges.


EASTERBROOK, Chief Judge.

Any "major emitting facility" built or substantially modified after August 7, 1977, in parts of the country subject to the rules about prevention of significant deterioration (PSD), needs a permit. 42 U.S.C. § 7475(a). This construction permit is in addition to the operating permits that many facilities require under the Clean Air Act and the need to comply with state implementation plans. One condition of a construction permit is installation...

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