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Sierra Club v. BP Products North America Inc.

ELR Citation: 51 ELR 20064
Nos. 2:19-CV-337-PPS-JEM, (N.D. Ind., 04/14/2021) (Simon, J.)

A district court adopted a magistrate judge's recommendation and granted an environmental group's motion for partial summary judgment in a lawsuit concerning particulate matter emissions violations at an oil refinery in Indiana. The group brought a citizen suit under the CAA, arguing that the refinery violated the particulate matter emissions limit and retesting requirements under its Title V operating permit at three of its boiler stacks. The magistrate judge found that eight of the refinery's emissions test results exceeded its permit limit, and that, despite the permit's retesting requirements, the refinery did not retest the stacks within 180 days of the tests; and thus recommended that the group's motion for partial summary judgment be granted. The court found that the magistrate judge correctly analyzed and concluded that the group's motion should be granted. It therefore granted partial summary judgment to the group.