Sierra Club v. Korleski
681 F.3d 342
| 6th Cir. | 2012Background
- Ohio chose not to administer a federal Clean Air Act regulation and remains subject to SIP provisions.
- Sierra Club and others sued Ohio EPA Director under §7604(a)(1) to compel BAT determinations before permits for small emitters.
- District court granted partial summary judgment ordering immediate BAT enforcement.
- EPA has not enforced BAT or used sanctions, and Ohio’s SIP remains in effect but not actively enforced.
- Sierra Club sought to use citizen-suit authority against the state regulator; case proceeded on appeal to Sixth Circuit.
- Court reverses, remands to dismiss for lack of authority under §7604(a)(1).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §7604(a)(1) allows suit against a state regulator to enforce BAT | Sierra Club reads 'violation' to include regulator failure to enforce BAT | Ohio contends 'violation' targets regulated parties, not regulators | No; cannot sue regulator qua regulator under §7604(a)(1) |
| Whether 'emission standard or limitation' includes SIP enforcement obligations | BAT DUTY in SIP constitutes a standard/limitation | BAT obligation is a SIP enforcement duty, not a permit standard | Not a private enforcement target under §7604(a)(1) against regulator |
| Whether Bennett v. Spear governs interpretation of 'violation' | Analogous; includes regulator inaction as violation | Bennett excludes regulator failures under §7604(a)(1) | Bennett controls; cannot treat regulator inaction as 'violation' |
| Whether Highway Safety remains good law for this issue | Highway Safety supports private action against state regulator | Highway Safety is distinguishable; not controlling post-Bennett | Not controlling; doctrine of Bennett applies |
Key Cases Cited
- Bennett v. Spear, 520 U.S. 154 (1997) ('violation' cannot reach regulator's maladministration)
- United States v. Ohio Department of Highway Safety, 635 F.2d 1195 (6th Cir. 1980) (earlier, pre-Bennett view allowing regulator as violator)
- Ellis v. Gallatin Steel Co., 390 F.3d 461 (6th Cir. 2004) (cooperative federalism in the Clean Air Act)
- New York v. United States, 505 U.S. 144 (1992) (federal government cannot compel states to enact/administer federal programs)
- Sackett v. EPA, 132 S. Ct. 1367 (2012) (context on agency action and enforcement)