United States Seventh Circuit

In a suit under a provision of the Clean Air Act (CAA), seeking to enjoin defendant from building a power plant, summary judgment for plaintiffs and permanent injunction against defendant preventing it from building its plant without obtaining a new permit from the state are affirmed where: 1) plaintiff had organizational standing, and its claim was ripe and permissible under the CAA; 2) defendant's permit had expired when it failed to commence construction within the statutory timeframe; 3) the court was empowered by the CAA to grant injunctive relief; and 4) injunctive relief was proper in this case despite the court's failure to discuss the standard factors governing the grant of an injunction.

Appellate Information

• Argued 10/29/2007
• Decided 10/27/2008
• Published 10/27/2008

Judges

• WILLIAMS, Circuit Judge., Before BAUER, RIPPLE, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Lester A. Pines, Kira E. Loehr (argued), Cullen, Weston, Pines & Bach, Madison, WI, for Plaintiff-Appellee., Nathan Z. Dershowitz (argued), Dershowitz, Eiger & Adelson, New York, NY, Stephen M. Soble, Soble International Law, Washington, DC, for Defendants-Appellants.