ELR Citation: ELR 20175
No(s). 07-4172 (10th Cir. Aug 12, 2009)

The Fourth Circuit dismissed a coal-fired power plant's lawsuit against EPA challenging its approval of Virginia's Clean Air Interstate Rule SIP. The power plant's alleged injury flows from Virginia's nonattainment provisions, which are separate emissions standards adopted by the commonwealth's Air Pollution Control Board under the authority of the Virginia legislature. Their injury, therefore, cannot fairly be traced to EPA's approval of the CAIR SIP. Accordingly, the case was dismissed for lack of standing.