Sierra Club v. Korleski

Ohio enacted legislation under which it no longer will apply the "best available technology" standard to small emitters as part of its state implementation plan (SIP) for National Ambient Air Quality Standards for certain types of air pollutants (Clean Air Act, 42 U.S.C. 7409). Act. The U.S. EPA did not approve a change to the SIP, but has taken no action to require the state to enforce the standard. Environmentalists sued under the Clean Air Act’s citizen-suit provision. The district court entered an injunction expressly ordering the state to administer the federal rule. The Sixth Circuit reversed and remanded for dismissal, concluding that intervening Supreme Court precedent and the text and structure of the Clean Air Act itself indicate that the citizen-suit provision does not authorize this lawsuit, but authorizes suit against the federal EPA. View "Sierra Club v. Korleski" on Justia Law