Tag Archives: citizen suit

Mobile Sources Face an Increased Risk of Agency Enforcement and Citizen Suits

On June 12, 2019, the US Environmental Protection Agency (US EPA) announced its seven enforcement and compliance assurance priority areas for fiscal years 2020-2023. One of the National Compliance Initiatives includes “Stopping Aftermarket Defeat Devices for Vehicles and Engines.” Specifically, the Agency expressed that it will have a focus on reducing aftermarket defeat device manufacture, … Continue Reading

US EPA’s Duty to Revise PSD Rules When It Amends a NAAQS Is Not Mandatory

Earlier this month, the Ninth Circuit affirmed the dismissal of environmental groups’ Clean Air Act (CAA) citizen-suit actions against US EPA.  The court held that US EPA does not have a nondiscretionary duty to promulgate revised Prevention of Significant Deterioration (PSD) regulations when it revises a National Ambient Air Quality Standard (NAAQS). The Plaintiffs – … Continue Reading
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