In its recent decision in Utah Physicians for a Healthy Environment (UPHE) v. Diesel Power Gear, LLC, et al., a matter involving the hosts of Discovery Channel’s popular show “Diesel.
Last week, for the first time, a court of appeals upheld Article III standing and statutory authority in a citizen suit under the Clean Air Act (CAA) related to mobile sources.
Tenth Circuit decision in UPHE v. Diesel Power Gear, LLC, involving Clean Air Act CAA allegations against modifications to vehicles – in CAA parlance, provides interesting guidance into what plaintiffs need to allege to have standing, at least in the Tenth Circuit.