Court Backs Citizen Standing In Key Mobile Source Case But Cuts Penalties

The U.S. Court of Appeals for the 10th Circuit has largely upheld a lower court ruling granting first-time standing in a citizen suit that seeks to enforce mobile source emissions violations under the Clean Air Act, though the three-judge panel is limiting the plaintiffs’ standing to activities where they are able to show adverse local impacts. In its unanimous Dec. 28 opinion , the panel slashed the defendants’ penalties for non-local impacts and required the district court to reconsider some...