PennEnvironment, Inc. v. United States Steel Corp.

ELR Citation: 52 ELR 20040
No(s). 19-484 (W.D. Pa. Mar 31, 2022) (Hardy, J.)

A district court denied environmental groups' motion for partial summary judgment in a CAA citizen suit brought against a steel company concerning hydrogen sulfide and sulfur dioxide emissions at its production facilities in Pennsylvania. The groups argued the company repeatedly violated the CAA, the Pennsylvania SIP, and Title V operating permits at three plants. The company argued the groups did not have standing to challenge all of the violations they alleged—over 12,000 days of exceeding emission limits—because they had not shown they had standing for each violation. The court found that while it was not necessary for each group member to have standing to sue for every violation alleged, it was necessary for some members to have standing for each violation, and that the groups had not shown that their members' injuries were fairly traceable to all of the alleged violations. It denied the groups' motion for partial summary judgment.

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