Bethlehem Steel Corp. v. United States Environmental Protection Agency

I dissent from that part of the majority opinion dismissing the claims of the Citizens for a Better Environment (“CBE”) for lack of subject matter jurisdiction because I believe its claims are cognizable in this court. Regarding the merits of CBE’s claims, I would order that the Environmental Protection Agency (“EPA”) commence federal rulemaking to promulgate a state implementation plan (“SIP”) for the State of Indiana that complies with all of the requirements of the Clean Air Act, 42 U.S.C. § 7401 et seq. (1982).

I

In this case, CBE raises the following claims: (1) the EPA could not, as it…