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Citizen suits, §304

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...

Citizens for Pennsylvania's Future v. Ultra Resources, Inc.

A district court denied a company's motion to dismiss an environmental group's CAA citizen suit against it for building seven compressor stations without first obtaining a nonattainment new source review permit. The company claimed that...

Sierra Club v. Korleski

The Sixth Circuit held that the CAA's citizen suit provision does not allow an environmental group to file suit to compel the state of Ohio to administer a particular federal CAA regulation it has chosen no longer to administer. In 2006...

Sierra Club v. Jackson

The D.C. Circuit upheld the dismissal of a CAA citizen suit challenging EPA's failure to take action to prevent the construction of three proposed pollution-emitting facilities in Kentucky. The lower court held that there was no...

Resurrection Bay Conservation Alliance v. City of Seward

The Ninth Circuit reversed a lower court decision denying the award of attorney fees to an environmental group in...

Southern Alliance for Clean Energy v. Duke Energy Carolinas, LLC

The Fourth Circuit upheld a lower court's fee award in favor of environmental groups in their CAA case against an energy company. Below, the groups moved for summary judgment on the basis that the company was violating the CAA by...

Clean Air Council v. Mallory

The court holds that the Secretary of the Pennsylvania Department of Transportation and the Secretary of the Pennsylvania Department of Environmental Protection violated the Clean Air Act (CAA) by failing to implement state...

National Parks Conservation Ass'n v. Tennessee Valley Auth.

The court dismisses an environmental group's Clean Air Act (CAA) citizen suit alleging that two Tennessee Valley Authority (TVA) plants exceeded Tennessee's state implementation plan (SIP) requirement of 20% opacity for visible...

Berry v. Farmland Indus., Inc.

The court holds that individuals lack standing to bring a Clean Air Act (CAA) citizen suit against a petroleum refinery for failing to report certain CAA emissions violations from its catalyst regenerator, but the individuals do have...

Texans United for a Safe Economy Educ. Fund v. Crown Cent. Petroleum Corp.

The court holds that environmental groups have standing to bring a Clean Air Act (CAA) action against a Texas oil refinery for violating hydrogen and sulfur dioxide emission standards and further holds that a state environmental agency'...