DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

092862P.pdf   08/12/2010  Sierra Club  v.  Otter Tail Power Company
   U.S. Court of Appeals Case No:  09-2862
   U.S. District Court for the District of South Dakota - Pierre   
   [PUBLISHED] [Murphy, Author with Chief Judge Riley and John R
   Gibson, Circuit Judges]
   Civil Case - Clean Air Act. District court did not err in concluding
   claim for civil penalties under Prevention of Significant Deterioration
   program was untimely under 28 U.S.C. Section 2462. PSD requirements are
   conditions of construction, not operation and does not impose ongoing
   operational conditions. Dismissal of claims for equitable relief were
   properly dismissed under concurrent remedy doctrine. Claim that 2001
   ethanol plant project triggered emission limits under New Source
   Performance Standards was an impermissible collateral attack on the
   operating permit, as Sierra Club could have taken intermediate steps in
   administrative review process.