Sierra Club v. Johnson

BLACK, Circuit Judge:

This Clean Air Act case involves a dispute over what triggers the Environmental Protection Agency’s statutory duty to object to the issuance of a Title Y operating permit under 42 U.S.C. § 7661d(b)(2). The Clean Air Act requires the EPA Administrator to object to an operating permit “if [a] petitioner demonstrates to the Administrator that [a] permit is not in compliance with the requirements of [the Clean Air Act].” Id. The Sierra Club and the Coosa River Basin Initiative, the Petitioners in this case, challenge operating permits issued to the Georgia Power Company. In…