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Masias v. Colorado Springs Utilities

ELR Citation: 44 ELR 20121
Nos. 14-cv-01403, (D. Colo., 05/21/2014) (Brimmer, J.)

A district court dismissed an individual's CAA lawsuit against a Colorado utility and the state's environmental agency in which he alleged that toxic fumes were emitted into his neighborhood following a fire at a nearby power plant. The plaintiff lacks standing to file suit. Although he claims that the power plant emits pollutants affecting the health of those within a five-mile radius, the plaintiff failed to allege any facts upon which to conclude that he was in any way personally affected by pollution from the power plant or the fire. Because he failed to allege an injury in fact, the court lacks subject matter jurisdiction to hear the case. It therefore dismissed the case without prejudice.