United States Seventh Circuit
Citizens Against Ruining the Env't v. Envtl. Prot. Agency, 07-3197, 07-3198, 07-3199
Petitions for review of the EPA's decision not to object under the Clean Air Act (CAA) to operating permits proposed by the Illinois Environmental Protection Agency (IEPA) for coal-fired power plants are denied where: 1) petitioner-Illinois Attorney General lacked standing; and 2) petitioners-environmental groups had shown that there was contested evidence of a potential CAA violation requiring further investigation and analysis, and in such a situation the CAA allows the EPA reasonable discretion to determine that the petition failed to demonstrate noncompliance and to refer the matter to the enforcement process.
Appellate Information
- Argued 05/29/2008
- Decided 07/28/2008
- Published 07/28/2008
Judges
- EVANS, Circuit Judge., Before FLAUM, MANION, and EVANS, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Faith E. Bugel (argued), Environmental Law & Policy Center, Chicago, IL, for Petitioners.
- For Appellees:
- Matthew R. Oakes, (argued), Department of Justice, Washington, DC, for Respondent., Stephen J. Bonebrake (argued), Schiff Hardin, Chicago, IL, for Intervening-Respondent.