VOIGT v. U.S. E.P.A.

No. 21-1970.

46 F.4th 895 (2022)

Casey VOIGT; Julie Voigt, Petitioners v. U.S. ENVIRONMENTAL PROTECTION AGENCY; Michael S. Regan, Administrator, U.S. Environmental Protection Agency, Respondents Montana-Dakota Utilities Company; Northern Municipal Power Agency; Northwestern Corporation, doing business as NorthWestern Energy; Otter Tail Power Company, Intervenors State of North Dakota, Amicus on Behalf of Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: August 31, 2022.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the petitioners and appeared on the petitioners' brief was Derrick Braaten , of Bismarck, ND.

Counsel who presented argument on behalf of the respondents and appeared on the respondents' brief was David Domagala Mitchell , of Washington, DC. The following attorneys appeared on the respondent brief; Michael G. Lee , of Washington, DC., Stephanie J. Talbert , of Washington, DC., and Todd Kim , of Washington, DC.

Counsel who presented argument on behalf of the intervenors and appears on the intervenors' brief was Makram Bassam Jaber , of Washington, DC. The following attorney appeared on the intervenor brief; Alexander C. Woo , of Washington, DC.

The following attorney appeared on the amicus brief; Margaret I. Olson , AAG, of Bismarck, ND.

Before LOKEN, COLLOTON, and SHEPHERD, Circuit Judges.


Casey and Julie Voigt, the owners of a large ranch in rural North Dakota, filed this petition for review related to their challenge of the Environmental Protection Agency's (EPA) renewal of a Clean Air Act (CAA) Title V operating permit for Coyote Station, a coal-fired electric generating plant that is serviced by the nearby...

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