Legal Opinion
Sierra Club v. Indiana-Kentucky Electric Corporation and Indiana & Michigan Electric Company
Court of Appeals for the Seventh Circuit
Decided August 30, 1983No. 81-1822, 81-2173PublishedCited by 26 opinions
1Opinion of the Court
ROSZKOWSKI, District Judge.
This consolidated appeal arises under the Clean Air Act Amendments of 1970. The issue is whether a federal court may enforce an implementation plan provision which was adopted by the state to meet federal air quality standards, subsequently was approved by the Environmental Protection Agency, but thereafter was invalidated by a court of the adopting state on state law procedural grounds. The district courts below held that such a provision is not enforceable. For the reasons herein stated, this court affirms those decisions.
I. BACKGROUND
The Clean Air Act Amendments…
2Cases cited22 opinions
- United States v. TurketteSupreme Court of the United States · 1981
- Train v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1975
- Union Electric Co. v. Environmental Protection AgencySupreme Court of the United States · 1976
- Government of the Virgin Islands v. Warren P. Berry. Appeal of Warren Berry. Appeal of Guillermo BrignoniCourt of Appeals for the Third Circuit · 1979
- Friends of the Earth v. Hugh CareyCourt of Appeals for the Second Circuit · 1976
17 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- United States of America, United States of America, State of Louisiana, Intervenor-Appellee v. Marine Shale Processors, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1996
- Mark Abramowitz v. United States Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 1988
- Bethlehem Steel Corporation v. Anne M. Gorsuch, Administrator of the United States Environmental Protection AgencyCourt of Appeals for the Seventh Circuit · 1984
- New Mexico Environmental Improvement Division v. Lee M. Thomas, Administrator, United States Environmental Protection AgencyCourt of Appeals for the Tenth Circuit · 1986
- Connecticut Fund for Environment v. Job Plating Co.District Court, D. Connecticut · 1985
21 more not listed; retrieve them via the Exa API.