ELR Citation: ELR 20234
No(s). 09-3494 (7th Cir. Sep 7, 2010)

The Seventh Circuit held that residents may not use the CAA's citizen suit provision to enforce Illinois' air pollution and fugitive particular matter regulations against a nearby company that stores coal in an outdoor pile before loading it onto river barges. To establish a right of action, the residents must identify a regulation that qualifies as an "emission standard or limitation." Contrary to the lower court's ruling, the CAA permits citizen enforcement of standards found in an SIP, even if those standards are not repeated in a permit. Nevertheless, the regulations at issue do not set forth judicially enforceable standards or limitations. Accordingly, they cannot be used as the basis of a CAA citizen suit. The court, therefore, affirmed the lower court's decision in favor of the company.