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PRAIRIE RIVERS NETWORK v. DYNEGY MIDWEST GEN., LLC

No. 18-3644.

2 F.4th 1002 (2021)

PRAIRIE RIVERS NETWORK, Plaintiff-Appellant, v. DYNEGY MIDWEST GENERATION, LLC, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 28, 2021.

Attorney(s) appearing for the Case

Ellyn J. Bullock , Attorney, Solberg & Bullock LLC, Champaign, IL, Thomas Joseph Cmar , Attorney, Jennifer Cassel , Attorney, Earthjustice, Chicago, IL, Melissa Legge , Attorney, Earthjustice, New York, NY, Mychal Ozaeta , Attorney, Earthjustice, Los Angeles, CA, for Plaintiff-Appellant.

Daniel J. Deeb , Attorney, Ryan Cullen Granholm , Attorney, Joshua More , Attorney, Schiff Hardin LLP, Chicago, IL, Philip Stephen Gidiere, III , Attorney, Birmingham, AL, Michael L. Raiff , Attorney, Allyson Newton Ho , Attorney, Gibson, Dunn & Crutcher LLP, Dallas, TX, for Defendant-Appellee.

Stephen R. Kaufmann , Attorney, Hepler Broom, LLC, Springfield, IL, for Amicus Curiae Illinois Environmental Regulatory Group.

Amanda Shafer Berman , Attorney, David Chung , Attorney, Crowell & Moring LLP, Washington, DC, for Amicus Curiae Chamber of Commerce of the United States of America.

F. William Brownell , Attorney, Hunton Andrews Kurth LLP, Washington, DC, for Amicus Curiae Washington Legal Foundation.

Before Flaum, Rovner, and Brennan, Circuit Judges.

Prairie Rivers Network is an Illinois non-profit organization that advocates for clean water and healthy rivers. Under the Clean Water Act's citizen-suit provision, PRN sued Dynegy Midwest Generation, LLC, alleging that Dynegy illegally discharged coal ash pollutants into groundwater, which in turn entered the Middle Fork...

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