Clean Air Act Citizen Suits Are Going Mobile

• Published date: 10 February 2022
• Subject Matter: Environment, Environmental Law, Clean Air / Pollution
• Law Firm: Arnold & Porter
• Author: Erin Grubbs and Jonathan Martel

Last week, for the first time, a court of appeals upheld Article III standing and statutory authority in a citizen suit under the Clean Air Act (CAA) related to mobile sources. The CAA citizen suit provision, Section 304, allows 'any person' to file a lawsuit in federal court for violation of an 'emission standard or limitation,' if certain conditions are satisfied. In the past, CAA citizen suits were generally only brought against stationary sources.

However, in UPHE v. Diesel Power Gear, LLC, the US Court of Appeals for the Tenth Circuit held mobile source violations could be brought under the citizen suit provision. The Tenth Circuit largely upheld the US District Court of Utah's ruling, which found that citizens could sue aftermarket automotive parts companies for violations of the CAA and the Utah State Implementation Plan for tampering with emissions controls and installing defeat devices. This holding may give greater impetus to CAA citizen suits related to mobile sources.

On appeal, the Tenth Circuit rejected the defendant's challenge to the plaintiff's Article III standing. Article III standing refers to the Constitutional requirement that federal courts are limited to adjudicating cases or controversies. Standing requires an injury in fact, causation, and redressability. The Tenth Circuit held the limited emissions impacts from the violations in the local airshed were fairly traceable to the plaintiff's injuries. Thus, the plaintiff had standing to assert a citizen suit claim for the alleged violations. Importantly, however, the court of appeals limited standing to alleged violations in the plaintiff's local area, finding that violations elsewhere did not satisfy the causation requirement.

The...