United States Seventh Circuit

Petition for review of an EPA Environmental Appeals Board denial of environmentalist claims that the EPA violated two provisions of the Clean Air Act by issuing a permit to build coal-fired electrical generating plant is denied where: 1) the EPA's determination that importing a low-sulfur coal rather than relying on locally-available high-sulfur coal would constitute a redesign of the proposed facility rather than a best available control technology was not arbitrary; and 2) the EPA was entitled to use the compliance measure used for an older standard pending adoption of a compliance measure tailored to the newer standard to demonstrate that if the plant complied with the older measure it would be unlikely to violate the new standard.

Appellate Information

• Argued 05/31/2007
• Decided 08/24/2007
• Published 08/24/2007

Judges

• POSNER, Circuit Judge., Before POSNER, KANNE, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Sanjay Narayan (argued), San Francisco, CA, for Petitioners.


• For Appellees:
  
• Jon M. Lipshultz (argued), Department of Justice, Environmental Defense Section, Washington, DC, for Respondent., Kevin J. Finto, George P. Sibley, III, Harry M. Johnson, III (argued), Hunton & Williams, Richmond, VA, for Intervenor-Respondent.