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U.S. v. MIDWEST GENERATION, LLC

Case No. 09-cv-5277.

694 F.Supp.2d 999 (2010)

UNITED STATES of America and the State of Illinois, Plaintiffs, and Citizens Against Ruining the Environment; the Environmental Law and Policy Center; Natural Resources Defense Council, Inc.; Respiratory Health Association of Metropolitan Chicago; and Sierra Club, Intervenor-Plaintiffs, v. MIDWEST GENERATION, LLC, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

March 9, 2010.

Attorney(s) appearing for the Case

Jennifer Lukas-Jackson, U.S. Department of Justice, Justin Aaron Savage, Kristin M. Furrie, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, Jonathan C. Haile, United States Attorney's Office, Stephen J. Sylvester, Illinois Attorney General's Office, Chicago, IL, for Plaintiffs.

Keith Ian Harley, Chicago Legal Clinic, Inc., Faith E. Bugel, Shannon Wanzer Fisk, Natural Resources Defense Council, Chicago, IL, Michael Christopher Soules, Minneapolis, MN, for Intervenor-Plaintiffs.

Daniel E. Reidy, Brian Joseph Murray, Jones Day, Chicago, IL, James Michael Jones, Jones Day, Pittsburgh, PA, Kevin P. Holewinski, Jones Day, Washington, DC, for Defendant.

MEMORANDUM OPINION AND ORDER

JOHN W. DARRAH, District Judge.

Plaintiffs, the United States of America and the State of Illinois, brought this action against Midwest Generation, LLC ("Midwest Generation"), seeking injunctive relief and civil penalties under the Clean Air Act ("CAA"), 42 U.S.C. § 7401 et seq.1 Among other things, Plaintiffs allege that Midwest...

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