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SIERRA CLUB v. JACKSON

No. 10-5280.

648 F.3d 848 (2011)

SIERRA CLUB and Valley Watch, Inc., Appellants v. Lisa Perez JACKSON, in her official capacity as Administrator, United States Environmental Protection Agency, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 1, 2011.

Attorney(s) appearing for the Case

Robert Ukeiley argued the cause and filed the briefs for appellants.

John E. Arbab , Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief was Katherine J. Barton , Attorney. R. Craig Lawrence , Assistant U.S. Attorney, entered an appearance.

Before: SENTELLE, Chief Judge, GINSBURG and BROWN, Circuit Judges.

Opinion for the Court filed by Chief Judge SENTELLE.

SENTELLE, Chief Judge:

Appellants, nonprofit environmentalist organizations, appeal from a judgment of dismissal entered by the district court in an action against the United States Environmental Protection Agency ("EPA") under the citizen suit provision of the Clean Air Act, challenging the Administrator's failure to take action to prevent the construction of three proposed pollution-emitting facilities...

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