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.