9th Circ. Raises Bar For Standing In GHG Citizen Suits

Law360, New York (February 18, 2014, 6:32 PM EST) -- The Ninth Circuit has let stand a ruling that could sharply limit the availability of Clean Air Act citizen suits targeting greenhouse gas emissions. The Ninth Circuit denied rehearing en banc in Washington Environmental Council v. Bellon ("WEC"),[1] effectively requiring plaintiffs in GHG-based citizen suits to show that the emissions at issue make a "meaningful contribution" to global GHG concentrations if they are to have standing to pursue their claims.

A Ninth Circuit panel ruled in WEC that two environmental groups did not have standing to bring a GHG-based citizen suit regarding emissions from oil refineries in Washington state.[2] It held that...

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