Legal Opinion
Sierra Club v. Korleski
Court of Appeals for the Sixth Circuit
Decided May 25, 2012No. 10-3269PublishedCited by 17 opinions
1Opinion of the CourtKethledge, J., joined by Siler, J.,
COLE, J. (pp. 353-55), delivered a separate dissenting opinion.
OPINION
KETHLEDGE, Circuit Judge.
The State of Ohio, pursuant to legislation passed by its General Assembly and signed by its Governor, has chosen no longer to administer a particular federal regulation promulgated under the Clean Air Act. The plaintiffs brought this lawsuit to compel the State to administer the federal regulation. As authority for the suit, the plaintiffs invoke the Clean Air Act’s citizen-suit provision. The State contends that the suit is not authorized by that provision. The district court agreed with the…
2Cases cited12 opinions
- Bennett v. SpearSupreme Court of the United States · 1997
- Gross v. FBL Financial Services, Inc.Supreme Court of the United States · 2009
- New York v. United StatesSupreme Court of the United States · 1992
- Printz v. United StatesSupreme Court of the United States · 1997
- Federal Express Corp. v. HoloweckiSupreme Court of the United States · 2008
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Northeast Ohio Coalition for the Homeless v. HustedCourt of Appeals for the Sixth Circuit · 2016
- Washington Environmental Counc v. Theodore SturdevantCourt of Appeals for the Ninth Circuit · 2013
- City & County of San Francisco v. U.S. Department of TransportationCourt of Appeals for the Ninth Circuit · 2015
- Larry Askins v. Ohio Department of AgricultureCourt of Appeals for the Sixth Circuit · 2016
- Ammex, Inc. v. Michigan Dep't of Agric.Court of Appeals for the Sixth Circuit · 2022
12 more not listed; retrieve them via the Exa API.