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SIERRA CLUB v. KORLESKI

Civil Action No. 2:08-cv-865.

654 F.Supp.2d 722 (2009)

SIERRA CLUB, et al., Plaintiffs v. Christopher KORLESKI, Director of Ohio EPA, Defendant.

United States District Court, S.D. Ohio, Eastern Division.

July 29, 2009.

Attorney(s) appearing for the Case

Dennis David Altman, Amy Marie Hartford, Amy Jo Leonard, Brett Andrew Kravitz, Justin Derek Newman, D. David Altman Co. LPA, Cincinnati, OH, for Plaintiffs.

Nicole Candelora-Norman, Samuel Clifford Peterson, Gregg Henry Bachmann, Office of the Ohio Attorney General, James B. Hadden, David Edsall Northrop, Robert Loring Brubaker, Porter Wright Morris & Arthur, Columbus, OH, Rebecca L. Hussey, Ohio Fourth District Court of Appeals, Portsmouth, OH, for Defendant.

ORDER

MARK R. ABEL, United States Magistrate Judge.

This matter is before the Court on plaintiffs' March 7, 2009 motion for partial summary judgment (doc. 19).

I. Allegations in the Complaint

This action is brought under the Federal Clean Air Act, 42 U.S.C. § 7401, et seq. The complaint makes the following allegations. In November 2006, the Ohio EPA adopted revised Ohio Adm.Code § 3745-31-05, which exempts all sources that...

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