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SIERRA CLUB v. JACKSON

Civil Action No. 09-2089 (ESH).

724 F.Supp.2d 33 (2010)

SIERRA CLUB et al., Plaintiffs, v. Lisa P. JACKSON, Defendant.

United States District Court, District of Columbia.

July 20, 2010.

Attorney(s) appearing for the Case

Robert Steven Ukeiley, Berea, KY, Andrea S. Issod, Sierra Club, San Francisco, CA, for Plaintiffs.

Mary M. Whittle, U.S. Department of Justice, Washington, DC, for Defendant.

MEMORANDUM OPINION

ELLEN SEGAL HUVELLE, District Judge.

Plaintiffs Sierra Club and Valley Watch, Inc., proceeding under the citizen suit provision of the Clean Air Act ("CAA"), 42 U.S.C. § 7604(a)(2), challenge the inaction of the Environmental Protection Agency ("EPA") with respect to the proposed construction of three new major pollution-emitting facilities in Kentucky. Defendant, arguing that the EPA has no mandatory duty to act to prevent...

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