May 01, 2019

Regional Report: Region 9

Eric L. Hiser and Brandon Curtis

The Northern District of the U.S. District Court of California recently rejected the U.S. Environmental Protection Agency’s (EPA) argument that the citizen suit provision under 42 U.S.C. 7604(a)(2) extends only to nondiscretionary duties imposed by the statutory text of the Clean Air Act (CAA). California v. United States Envtl. Prot. Agency, 360 F. Supp. 3d 984 (N.D. Cal. 2018). Instead, the court sided with petitioning states, holding that the citizen suit provision also extends to nondiscretionary duties imposed by the EPA’s own regulations. Id. 

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