Utah Physicians for Healthy Environment

Demonstrating standing can be challenging for plaintiffs in environmental cases. The issues are addressed in court decisions with some regularity – see here and here. A recent Tenth Circuit decision in UPHE v. Diesel Power Gear, LLC, involving Clean Air Act (CAA) allegations against modifications to vehicles – in CAA parlance, “mobile source” – provides interesting guidance into what plaintiffs need to allege to have standing, at least in the Tenth Circuit. The take-away is that even though the impact of individual “defeat devices” on the environment might be small, courts may permit parties to bring claims about them in federal court.
Continue Reading Tenth Circuit Decision Could Pave the Way for More Frequent Clean Air Act Enforcement