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Nucor Steel-Arkansas v. Big River Steel, LLC

ELR Citation: 46 ELR 20109
Nos. 15-1615, (8th Cir., 06/08/2016)

The Eighth Circuit affirmed a lower court decision dismissing a steel company's CAA citizen lawsuit seeking injunctive relief to stop a competitor from constructing or continuing to construct a steel mill. Arkansas's environmental agency already issued the competitor a preconstruction PSD permit. Nevertheless, the company argued that the competitor failed to meet the standards set forth in §165(a), thereby rendering the PSD permit invalid. As pleaded, the company's complaint would result in construing §165(a) as setting forth requirements that must be met in addition to obtaining the permit, rather than as requirements that must be met in order to obtain the permit. The company's argument, however, amounts to a collateral attack on a facially valid air permit, rather than a suit to protect against unpermitted construction. Because the CAA does not authorize such an attack, the lower court properly dismissed the case for lack of jurisdiction.