ELR Citation: ELR 20045
No(s). 03-16439 (11th Cir. Feb 23, 2005)

The Eleventh Circuit held that an environmental organization lacks standing to challenge the U.S. Environmental Protection Agency's (EPA's) decision not to take any enforcement action against Alabama's and Florida's Title V Clean Air Act programs. The organization argued that both programs' standing requirements for judicial review were too stringent. Yet, the organization itself lacked standing to challenge EPA's approval of the programs. It has not been harmed in any way by an Alabama or Florida Title V permit action, thus, it has suffered no injury from its inability to obtain judicial review of that action.