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El Comité Para el Bienstar de Earlimart v. Warmerdam

ELR Citation: 38 ELR 20216
Nos. No. 06-16000, (9th Cir., 08/20/2008)

The Ninth Circuit reversed a lower court decision in favor of community groups who filed a Clean Air Act (CAA) citizen suit against California state officials in which they challenged both the process by which California obtained the U.S. Environmental Protection Agency's approval of its state implementation plan and the final outcome of that approval process. CAA §304, the Act's citizen suit provision, provides jurisdiction only to enforce an "emission standard or limitation." Because the challenged conduct does not implicate such a standard or limitation, the lower court lacked jurisdiction. The court's remedy, therefore, was vacated.