The Sierra Club v. U.S. EPA

ANDERSON, Circuit Judge:

I. INTRODUCTION

This case arises out of Sierra Club’s effort to block Oglethorpe Power Corporation (“Oglethorpe”) from obtaining a permit for a portion of the Wansley Steam-Electric Generating Plant (“Plant Wans-ley”), a power plant in Heard County, Georgia. On November 30, 2000, Oglethorpe applied to the Georgia Environmental Protection Division (“EPD”) for a permit for Block 8 of Plant Wansley, the Wansley Combined Cycle Energy Facility (“Block 8”). EPD granted the permit over Sierra Club’s objections on January 15, 2002. Sierra Club then petitioned the Environmental…