On May 25, 2012, the Sixth Circuit Court of Appeals issued a decision in Sierra Club, et al. v. Korleski in which the court determined that the Clean Air Act does not authorize citizen suits against the Ohio EPA for alleged violations of emission standards or limitations. The case involved the Sierra Club’s challenge of Ohio EPA’s rules that exempt small sources (those that emit less than ten tons of pollutants per year) from Ohio’s best available technology (BAT) requirement. The Court ruled that the Ohio EPA had not “violated’ an emission standard or limitation and that the only recourse would be a suit against the USEPA for failing to enforce the SIP requirements. A copy of the decision is available here.
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.
New Clean Air Act citizen suit ruling
- Vorys Sater Seymour and Pease LLP
- May 29 2012
If you are interested in submitting an article to Lexology, please contact Andrew Teague at firstname.lastname@example.org.
"Lexology is a good barometer of a firm's expertise as the articles showcase a firm's understanding of the issues involved and how up to date their knowledge is. It's a good one stop solution where one is able...
"Lexology is a good barometer of a firm's expertise as the articles showcase a firm's understanding of the issues involved and how up to date their knowledge is. It's a good one stop solution where one is able to view the same law/cases from different perspectives; on the whole I would rate Lexology as a good service."
How Yee Loh