|RECENT FEDERAL DECISIONS|
Ninth Circuit Holds District Court Was Not the Forum for a School District’s Clean Air Act Title V Permit Challenge
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Romoland School Dist. v. Inland Empire Energy Center, LLC , ___F.3d___
The Romoland School District, along with several individuals and environmental groups (collectively: school district or plaintiffs) filed suit, pursuant to the citizen suit provision of the Clean Air Act (CAA), against the Inland Empire Energy Center (IEEC) and the South Coast Air Quality Management District (SCAQMD) asserting that IEEC’s permit to operate and construct a power plant violated the new source review provisions of the Clean Air Act. The Ninth Circuit determined that because SCAQMD consolidated all federal, state and local regulations regarding air pollution into a consolidated permitting process for all facilities subject to Title V, the proper procedure for challenging a permit’s validity was through Title V administrative and judicial review provisions— not the citizen suit provision of the CAA.
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Read related items on:
Statutes - Federal) Clean Air Act) Jurisdiction
Statutes - Federal) Clean Air Act) New Source Review
Statutes - Federal) Clean Air Act) Title V Permits
9th Circuit Court of Appeals
Clean Air Act
South Coast Air Quality Management District
Romoland School District v. Inland Empire Energy Center, LLC