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U.S. v. MIDWEST GENERATION, LLC

Case No. 09-cv-5277.

781 F.Supp.2d 677 (2011)

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; Edison Mission Energy, Inc.; and Commonwealth Edison Co., Defendants.

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

March 16, 2011.

Attorney(s) appearing for the Case

Jennifer Lukas-Jackson , Justin Aaron Savage , Kristin M. Furrie , U.S. Department of Justice, Washington, DC, Charles V. Mikalian , United States Department of Justice, Jonathan C. Haile , United States Attorney's Office, Susan M. Tennenbaum , United States Environmental Protection Agency, Andrew Barrett Armstrong , Rose-Marie E. Cazeau , Stephen J. Sylvester , Illinois Attorney General's Office, Chicago, IL, for Plaintiffs.

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

Daniel E. Reidy , Brian Joseph Murray , Jones Day, Adrienne Banks Pitts , Byron F. Taylor , Kathleen Lynn Roach , Margaret R. Sobota , Sidley Austin LLP, Chicago, IL, James Michael Jones , Jones Day, Pittsburgh, PA, Kevin P. Holewinski , Jones Day, Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER

JOHN W. DARRAH, District Judge.

This action arising under the federal Clean Air Act ("CAA"), codified at 42 U.S.C. § 7401 et seq., was originally brought by the United States of America and the State of Illinois (collectively, "Plaintiffs") against Midwest Generation, LLC ("Midwest Generation"), the owner and operator of several coal-fired power plants in this district. Several "Citizen Groups" were...

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