6th Circ. Says Citizens Can't Sue States Over CAA Enforcement

Law360, New York (May 25, 2012, 6:00 PM EDT) -- The Sixth Circuit has reversed a lower court decision that private citizens can bring suits against state regulatory agencies that fail to enforce the Clean Air Act, ruling Friday that the Sierra Club's case against the Ohio Environmental Protection Agency must be dismissed.

A three-judge panel ruled 2-1 that a precedent-setting 1980 decision by the court on the same issue was superseded by a 1997 U.S. Supreme Court decision and the explicit language of the CAA.

In 2006, the Ohio EPA adopted a revised law exempting...
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