Kentucky Resources Council, Inc. v. United States Environmental Protection Agency

MEMORANDUM OPINION

HEYBURN, Chief Judge.

Just a few months short of twenty years after it began the vehicle emission testing program (the “VET”), the Louisville Metro Air Pollution Control District (the “District”) decided to terminate that program, upon the command of KRS 77.320. Plaintiffs, a group of Louisville residents, challenge that decision on the grounds that the District lacks the authority under the Clean Air Act, 42 U.S.C. § 7401 et seq. (the “Act”), to take such action without approval of the United States Environmental Protection Agency (the “EPA”).

The Act envisions a cooperative…