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KENNON v. AIR QUALITY BD.

No. 20080042.

270 P.3d 417 (2009)

2009 UT 77

James O. KENNON, and Dick Cumiskey, members of Save Our Air & Resources (SOAR), Petitioners, v. AIR QUALITY BOARD and Sevier Power Company, Respondents.

Supreme Court of Utah.

December 4, 2009.

Attorney(s) appearing for the Case

James O. Kennon , Dick Cumiskey, petitioners pro se.

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

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

DURHAM, Chief Justice:

INTRODUCTION

¶ 1 James O. Kennon and Dick Cumiskey appeal the decision of the Utah Air Quality Board (the Board) denying their Request for Agency Action. The Request for Agency Action sought the invalidation of a 2004 approval order granted to the Sevier Power Company (the Power Company) because, Kennon and Cumiskey argued, the Division of Air Quality failed to revoke, or even adequately review, the approval order after the Power...

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