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Representative Cases

Sierra Club v. Morgan, 07-C-251-S (W.D.Wis. Nov. 7, 2007)

On behalf of the Sierra Club, we won a Clean Air Act citizen suit against the State of Wisconsin, which operated a coal fired power plant in downtown Madison without installing the pollution controls required by law.


In re Northern Michigan University, 14 E.A.D. ___ (E.A.B. 2009)

On behalf of the Sierra Club, we beat an attempt by the State of Michigan to build a coal-fired power plant in Northern Michigan without complying with the Clean Air Act. The State has now committed to burning biomass instead of coal.


Sierra Club v. Johnson, 500 F.Supp.2d 936 (N.D.Ill. 2007)

We successful won a case against the United States Environmental Protection Agency, requiring it to issue an air pollution permit for a toxic waste incinerator in East St. Louis, Illinois.


In re Nelson Dewey Unit 3 Coal-Fired Baseload Facility, Docket No. 6680-CE-170 (Wis.Pub.Serv.Commn. 2008)

On behalf of our client, Clean Wisconsin, we beat an attempt by a Wisconsin utility to build a coal-fired power plant that lacked pollution controls for greenhouse gases and would have been the most expensive plant in the United States.


Citizens for Responsible Development v. City of Milton, 2007 WI App 114, 300 Wis. 2d 649, 731 N.W.2d 640.

On behalf of a gropu of citizens in Milton, Wisconsin, we obtained a decision that the Milton City Council violated the Wisconsin Open Meetings law by meeting in closed session for ten months to discuss a proposed ethanol plant.


Gillis v. Litcsher, 468 F.3d 488 (7th Cir. 2006)

We obtained a decision from the United States Seventh Circuit Court of Appeals that the conditions our client had been kept under in a Wisconsin prison were equivalent to a "Soviet gulag."


Magnolia Township and Western Rock County Citizens Against Factory Farming et al. v. Town of Magnolia, 284 Wis.2d 361, 701 N.W.2d 60, 2005 WI App 119 (Ct. App. 2005)

On behalf of a citizens' group, we won a decision from the Wisconsin Court of Appeals that the Town of Magnolia had illegally issued a permit to a factory farm operator.


Sierra Club v. Dairyland Power Cooperative

We successfully represented the Sierra Club in defeating a motion to dismiss a citizen suit action brought to enforce the Clean Air Act. The utility argued that citizens should be prevented from enforcing the law if a defendant’s violations were undetectable for at least five years. The Court rejected this argument and found that our client had a right to enforce past and ongoing violations of the Clean Air Act.


In re Vulcan Materials, and In re Mississippi Lime Company

Our firm represented the Sierra Club in successfully defeating two different permits for a coal-fired lime kilns where the state permitting agency failed to satisfy important health protection safeguards.


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