A federal judge in the District of Columbia has ruled that the Clean Air Act (CAA) does not require EPA to stop the construction of three power plants in Kentucky. Sierra Club v. EPA, No 09-2089 (D.D.C. 07/20/10). Plaintiff sued under the citizen suit provision of the CAA arguing that the three power plants would be major emitters and that EPA had a nondiscretionary duty under section 167 of the CAA to prevent the plants’ construction. EPA argued that it had no mandatory duty to act and moved to dismiss for lack of subject matter jurisdiction. The court agreed with EPA, ruling that section 167 of the CAA gives discretionary enforcement authority to the agency. Because the authority is discretionary, the court found no meaningful standard that would allow it to review EPA’s lack of action. Accordingly, the court granted the agency’s motion to dismiss.
Register Now As you are not an existing subscriber please register for your free daily legal newsfeed service.Register
If you have any questions about the service please contact email@example.com or call Lexology Customer Services on +44 20 7234 0606.
Air: Federal court rules EPA not required to block power plants
If you are interested in submitting an article to Lexology, please contact Andrew Teague at firstname.lastname@example.org.
Director, Legal Services
Cisco Systems, Inc