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Citizen suits, §304

Humane Society of the United States v. McCarthy

A district court dismissed environmental and animal rights groups' lawsuit against EPA for failing to respond to a 2009 petition for rulemaking that asked the Agency to regulate concentrated animal feeding operations (CAFOs) as a source...

Environment Texas Citizens Lobby v. ExxonMobil Corp.

The Fifth Circuit vacated and remanded a lower court decision that imposed no penalties against an oil company for alleged CAA permit violations at its industrial complex in Baytown, Texas. An environmental group filed a CAA citizen...

Sierra Club v. Oklahoma Gas & Electric Co.

The Tenth Circuit dismissed an environmental group's citizen suit against an Oklahoma power company for CAA violations at a power plant. The group claimed the company modified a coal-fired boiler without first obtaining an emission-...

Environmental Integrity Project v. United States Environmental Protection Agency

A district court dismissed environmental groups' CAA citizen suit against EPA for failing to respond to their 2011 petition concerning ammonia gas pollution. In 2011, the groups petitioned EPA asking it to find that ammonia gas...

Owner-Operator Independent Drivers Ass'n v. Environmental Protection Agency

The D.C. Circuit dismissed a truck association's lawsuit against EPA challenging California's tractor-trailer emission rules. The association argued that the state regulations impermissibly discriminate against out-of-state tractor...

Environment Texas Citizen Lobby, Inc. v. ExxonMobil Corp.

A district court dismissed individuals' CAA citizen suit against an oil company for emission violations at the company's refinery, olefins plant, and chemical plant in Baytown, Texas. It is undisputed the company violated some emission...

WildEarth Guardians v. McCarthy

The Ninth Circuit upheld a lower court decision dismissing an environmental group's citizen suit requesting EPA to issue more stringent regulations for ozone pollution under the PSD program. The group alleged that the EPA Administrator...

Masias v. Colorado Springs Utilities

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...

Sierra Club v. Oklahoma Gas & Electric Co.

A district court granted in part and denied in part motions to dismiss an environmental group's citizen suit against a utility company for alleged CAA violations at a coal-fired power plant in Muskogee, Oklahoma. The group alleged that...

Friends of the Earth v. United States Environmental Protection Agency

A district court held that EPA has no mandatory or nondiscretionary duty to make a determination as to whether lead emissions from general aviation aircraft engines using aviation gasoline endanger the public health or welfare under CAA...