ELR Citation: 44 ELR 20211
No(s). 5:14-CV-39 (N.D. W. Va. Sep 16, 2014) (Bailey, J.)

A district court held that it has subject matter jurisdiction over a CAA §321(a) lawsuit against EPA for its alleged failure to evaluate the potential for job losses due to its CAA regulation and enforcement efforts. EPA filed a motion to dismiss, arguing that the statute is discretionary and that ...