United States Seventh Circuit

In plaintiffs' suit against a local company for violations of the Illinois's Prohibition of Air Pollution and Fugitive Particulate Matter regulations, objecting to the nearby pile of coal stored by the defendant and alleging theories of recovery under the citizen-suit provision of the Clean Air Act (Act), district court's grant of summary judgment in favor of the defendant is affirmed where: 1) contrary to the district court's ruling, the Act permits citizen enforcement of standards found in an SIP, even if those standards are not repeated in a permit; 2) the Illinois's Prohibition of Air Pollution and Fugitive Particulate Matter regulations cannot be used as the basis of a citizen's suit under the Act, as the regulations do not set forth judicially enforceable standards or limitations; and 3) the district court was well within its rights to dismiss the supplemental state claims without prejudice.

Appellate Information

• Argued 04/05/2010
• Decided 09/07/2010
• Published 09/07/2010

Judges

• WOOD

Court

• United States Seventh Circuit

Counsel