• The Eighth Circuit Circumscribes the Clean Air Act’s Citizen Suit Provisions
  • August 23, 2016 | Author: Richard E. Stultz
  • Law Firm: Morris Polich & Purdy LLP - Los Angeles Office
  • In a June 8, 2016, opinion, the Eighth Circuit Court of Appeals affirmed the U.S.D.C. for the Eastern District of Arkansas’s decision that it lacked subject matter jurisdiction to hear a citizen suit under the Clean Air Act (CAA). Nucor Steel-Arkansas v Big River Steel LLC 2016 WL 3184491 (8th Cir. 2016). The district court found that plaintiff’s claim was an attack upon defendant’s construction permit issued by the State of Arkansas under its state implementation plan (SIP). Although the CAA allows challenges to a permit, it does not allow such challenges by way of citizen suits.