News & Analysis as of

Standing Clean Air Act Article III

Holland & Hart LLP

Supreme Court Declines to Limit Environmental Citizen Suits

Holland & Hart LLP on

On June 30, 2025, the Supreme Court denied industry group petitions to review and reverse two cases—one out of the Fifth Circuit and the other out of the Ninth Circuit—that could have significantly restricted the ability of...more

Holland & Knight LLP

Supreme Court Clarifies Standing for Regulatory Challenges in Diamond Alternative Energy v. EPA

Holland & Knight LLP on

The U.S. Supreme Court on June 20, 2025, issued a 7-2 decision in Diamond Alternative Energy, LLC v. EPA, clarifying when stakeholders have standing to challenge an agency action based on market effects rather than direct...more

Pillsbury Winthrop Shaw Pittman LLP

Journey's End? Fifth Circuit Issues Splintered Decision in Important Clean Air Act Citizen Suit Case

The nine judges that finally coalesced over the decision of affirmance voted for two inconsistent judgments and provided no explanation for this result. The judges held that, under Laidlaw, civil penalties which must be...more

Foley Hoag LLP - Environmental Law

Establishing Standing in Citizen Suits Under the Clean Air Act: Breathing Polluted Air May Not Suffice

Earlier this month, Judge William Young dismissed for lack of standing claims brought by the Conservation Law Foundation alleging that bus companies violated anti-idling regulations.  The opinion is important, because it does...more

Downey Brand LLP

Tenth Circuit Decision Reinforces Federal Clean Air Act Citizen Suits Against Mobile Sources

Downey Brand LLP on

In its recent decision in Utah Physicians for a Healthy Environment (UPHE) v. Diesel Power Gear, LLC, et al., a matter involving the hosts of Discovery Channel’s popular show “Diesel Brothers,” the Tenth Circuit Court of...more

Morgan Lewis

Tenth Circuit Grants Standing to NonProfit Seeking to Enforce Clean Air Act Tampering Provisions

Morgan Lewis on

A unanimous three-judge panel in the US Court of Appeals for the Tenth Circuit affirmed on December 28, 2021 that private citizens and environmental groups have the right to seek enforcement of the Clean Air Act’s...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Chemical Disaster Rule: U.S. Court of Appeals for the D.C. Circuit Addresses EPA Authority to Conduct Reconsideration Proceedings

The United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) addressed in an August 17th opinion whether the United States Environmental Protection Agency (“EPA”) had the authority to delay the...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. ...more

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