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UTAH CHAPTER OF SIERRA CLUB v. AIR QUALITY

No. 20080113.

226 P.3d 719 (2009)

2009 UT 76

UTAH CHAPTER OF the SIERRA CLUB, a non-profit organization, Petitioner, v. AIR QUALITY BOARD, an agency of the State of Utah; and Division of Air Quality, an agency of the State of Utah, Respondents.

Supreme Court of Utah.

December 4, 2009.

Attorney(s) appearing for the Case

John Pace, Joro Walker, Salt Lake City, for petitioner.

Mark L. Shurtleff, Att'y Gen., Fred G. Nelson, Paul McConkie, Christian C. Stephens, Asst. Att'ys Gen., Salt Lake City, for respondents.

Michael G. Jenkins, Martin K. Banks, Salt Lake City, for intervenors.

Fred W. Finlinson, Saratoga Springs, Brian W. Burnett, James D. Gilson, Salt Lake City, for Sevier Power Company.

Joel Ban, Salt Lake City, for amicus Utah Physicians for a Healthy Environment.

DURHAM, Chief Justice:

INTRODUCTION

¶ 1 In 2004, the Utah Division of Air Quality granted Sevier Power Company (the Power Company) an approval order to construct a coal-fired, circulating fluidized bed power plant. Sierra Club appeals the decision of the Utah Air Quality Board (the Board) denying its Request for Agency Action, which challenged the approval order for failing to comply with both federal statutes and the Utah State Implementation Plan...

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