Farmers Union Central Exchange, Inc. v. Lee Thomas, Administrator, Environmental Protection Agency

GOODWIN, Chief Judge:

This case arises out of the Environmental Protection Agency’s regulatory control over the lead content of gasoline. EPA appeals a memorandum opinion and order in which the district court exercised jurisdiction under the citizen suit provision of the Clean Air Act, 42 U.S.C. § 7604 (1982), and granted a permanent injunction by summary judgment in favor of Farmers Union Central Exchange (“CENEX”). We vacate the injunction because we find the district court lacked jurisdiction over this matter.

I. FACTS AND PROCEEDINGS BELOW

The Clean Air Act, 42 U.S.C. §§ 7401-7642 (1982 &…