ELR Citation: 41 ELR 20224
No(s). 10-5280 (D.C. Cir. Jul 1, 2011)

The D.C. Circuit upheld the dismissal of a CAA citizen suit challenging EPA's failure to take action to prevent the construction of three proposed pollution-emitting facilities in Kentucky. The lower court held that there was no mandatory duty to act and granted EPA's motion to dismiss for lack...