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CLEAN WATER ACTION COUNCIL v. U.S. E.P.A.

No. 12-3388.

765 F.3d 749 (2014)

CLEAN WATER ACTION COUNCIL OF NORTHEASTERN WISCONSIN, INC., et al., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents.

United States Court of Appeals, Seventh Circuit.

Decided August 29, 2014.

Attorney(s) appearing for the Case

David C. Bender , McGillivray, Westerberg & Bender LLC, Madison, WI, for Petitioners.

Dustin J. Maghamfar , Department of Justice, Washington, DC, for Respondents.

Before EASTERBROOK, SYKES, and TINDER, Circuit Judges.

EASTERBROOK, Circuit Judge.

The Clean Air Act, 42 U.S.C. §§ 7401-7671q, invites each state to craft a plan (a "state implementation plan") to control the levels of certain air pollutants. Most state plans include "Prevention of Significant Deterioration" (PSD) programs. These programs are designed to prevent backsliding in "attainment areas" (regions that meet or exceed the Act's air quality standards), while still allowing some new sources of pollution...

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