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DJL FARM LLC v. U.S. E.P.A.

Nos. 15-2245, 15-2246, 15-2247, 15-2248.

813 F.3d 1048 (2016)

DJL FARM LLC, et al., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents.

United States Court of Appeals, Seventh Circuit.

Decided February 23, 2016.

Attorney(s) appearing for the Case

Karl Leinberger , Attorney, Markoff Leinberger , Chicago, IL, for Petitioners.

Avi S. Garbow, Attorney , Environmental Protection Agency, Washington, DC, Bharat Mathur , Attorney, Environmental Protection Agency Region 5, Office of the Regional Counsel, Chicago, IL, Michele L. Walter , Attorney, Department of Justice, Washington, DC, for Respondents.

Before BAUER, FLAUM, and SYKES, Circuit Judges.

Petitioners DJL Farm LLC, Andrew H. Leinberger Family Trust, and William and Sharon Critchelow are landowners who challenge permits authorizing FutureGen Industrial Alliance to construct and operate wells to store carbon dioxide near their land.

Shortly before argument, FutureGen determined that it did not have enough money to develop...

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