ELR Citation: ELR 20280
No(s). 06-56632 (9th Cir. Nov 18, 2008)

The Ninth Circuit affirmed the dismissal of a school district's Clean Air Act (CAA) claim seeking to halt the construction of an 810-megawatt power plant approximately 1,100 feet from an elementary school. Because the district's action was brought in an inappropriate forum under an inapplicable CAA provision in an untimely avenue of protest, the district court lacked subject matter jurisdiction over the claims. The school district was challenging a Title V permit and so was limited to the mechanisms for judicial review provided in that part of the CAA.