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SIERRA CLUB v. OTTER TAIL CORP.

No. CIV 08-1012.

608 F.Supp.2d 1120 (2009)

2009 DSD 2

SIERRA CLUB, Plaintiff, v. OTTER TAIL CORPORATION, d.b.a. Otter Tail Power Company, MDU Resources Group, Inc., and Northwestern Corporation, d.b.a. Northwestern Energy, Defendants.

United States District Court, D. South Dakota, Northern Division.

April 6, 2009.

Attorney(s) appearing for the Case

Aaron John Emerson, Myers & Billion, LLP, Sioux Falls, SD, George E. Hays, San Francisco, CA, William J. Moore, III, Law Office of William J. Moore, III, P.A., Jacksonville, FL, for Plaintiff.

Makram B. Jaber, Hunton And Williams, LLP, Washington, DC, Nash E. Long, III, Hunton and Williams, LLP, Charlotte, NC, Thomas John Welk, Boyce Greenfield Pashby & Welk, Sioux Falls, SD, for Defendants.

AMENDED MEMORANDUM OPINION AND ORDER

KORNMANN, District Judge.

[¶ 1] Plaintiff filed a complaint for declaratory and injunctive relief, civil penalties, and costs and fees for alleged violations of the Prevention of Significant Deterioration ("PSD") provisions of the Clean Air Act ("CAA"), 42 U.S.C. §§ 7470-7492, the South Dakota State Implementation Plan (the "South Dakota SIP"), and the New Source Performance Standards ("NSPS") of the CAA...

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