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Center for Biological Diversity v. United States Environmental Protection Agency

ELR Citation: 41 ELR 20147
Nos. No. 10-00985, (D.D.C., 04/11/2011)

A district court denied two aviation associations' motions to intervene in a case asking the court to order EPA to use its authority under the CAA to regulate greenhouse gas emissions from marine vessels, aircraft, and other nonroad vehicles. The aviation associations filed the instant motions to intervene in support of EPA. The associations, however, failed to establish Article III standing. The implementation and enforcement of new emissions standards—and thus, the economic consequences thereofare too hypothetical and too far removed to constitute a “certainly impending,” causally connected injury for standing purposes. The environmental groups seeking to compel agency action merely ask EPA to make an endangerment finding. The association's alleged economic injury, however, is based entirely on the potential substantive outcome of EPA's endangerment determination, an issue not before the court. If the court were to order EPA to make an endangerment finding, the associations would only suffer economic harm if EPA were to then make a positive finding and initiate a rulemaking establishing emissions standards that forced the movants to spend money.