RECENT FEDERAL DECISIONS

December 2004

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Sixth Circuit Rejects Citizen Group Challenge to EPA’s Lack of Enforcement Action
Ohio Public Interest Research Group, Inc. v. U.S. Environmental Protection Agency, ___F.3d___

The Sixth Circuit Court of Appeals rejected a challenge by an Ohio citizens’ group to the U.S. Environmental Protection Agency’s (EPA’s) decision not to issue enforcement action against the Ohio Environmental Protection Agency (OEPA) regarding its implementation of the Clean Air Act (CAA). The court held that such action was within EPA discretion and not subject to judicial review.