Sierra Club v. EPA (Sierra Club EPA 9th Cir)
Legal Issues
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The Facts
EPA issued a Prevention of Significant Deterioration permit to Avenal Power Center LLC for the Avenal Energy Project applying older air quality thresholds rather than NAAQS already in force at time of issuance. Sierra Club, Greenaction for Health and Environmental Justice, Center for Biological Diversity, and El Pueblo para el Aire y Agua Limpio petitioned for review, establishing associational standing through identified member injuries from projected NO2 and SO2 emissions, traceable to the specific permitted facility, with vacatur available as redress.
The Application
EPA violated the Clean Air Act's unambiguous requirement by applying NAAQS standards superseded before permit issuance, a question foreclosed from agency discretion at Chevron step one. Sierra Club and allied organizations satisfied all three prongs of associational standing by demonstrating identified members faced documented NO2 and SO2 exposure directly traceable to the specific Avenal facility, with vacatur of the permit providing concrete redress available without individual member participation. The court's decision confirmed that environmental organizations can establish organizational standing to challenge permits through aggregated member injury and organizational mission alignment, rather than requiring individual standing suits.
The Conclusion
EPA cannot apply superseded NAAQS when current standards were in effect at permit issuance. Vacatur is the appropriate remedy. The case confirms that environmental organizations can establish associational standing through documented member exposure to specific air pollutants traceable to a permitted facility, with vacatur as redress. Key teaching case for associational standing doctrine.
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