Utah Physicians for a Healthy Env’t v. Diesel Power Gear, LLC

Utah Physicians for a Healthy Env’t v. Diesel Power Gear, LLC

Opinion

 [*1234]  HARTZ, Circuit Judge.

Defendants' businesses focus on large diesel trucks and related parts, merchandise, and media. In 2017 Defendants were sued by Plaintiff Utah Physicians for a Healthy Environment (UPHE), a nonprofit organization that alleged, among other things, that Defendants were tampering with required emission-control devices and installing so-called "defeat devices" in violation of the Clean Air Act (CAA) and Utah's State Implementation Plan. After a bench trial the court entered judgment in favor of UPHE, finding Defendants collectively liable for hundreds of violations of the CAA and Utah's plan and assessing over $760,000 in civil penalties. On appeal Defendants challenge UPHE's Article III and statutory standing, the district court's  [*1235]  inclusion of certain kinds of transactions in its tabulation of violations, and [**2]  the court's penalty analysis. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm in part and reverse in part. Although we reject most of Defendants' arguments, we must remand to the district court for additional proceedings because (1) UPHE lacks Article III standing to complain of conduct by Defendants that has not contributed to air pollution in Utah's Wasatch Front and (2) the district court needs to reevaluate the seriousness of Defendants' violations of the Utah plan's anti-tampering provision.

I. STATUTORY FRAMEWORK

] The CAA distributes responsibilities among the States and the federal Environmental Protection Agency (EPA) in what has been called a "cooperative-federalism approach." US Magnesium, LLC v. EPA, 690 F.3d 1157, 1159 (10th Cir. 2012). The EPA promulgates National Ambient Air Quality Standards (NAAQS), which set limits on maximum concentrations of various pollutants. See Nat'l Parks Conservation Ass'n, Inc. v. TVA, 480 F.3d 410, 412 (6th Cir. 2007); 42 U.S.C. § 7409. To date, the EPA has established NAAQS for six pollutants: carbon monoxide, lead, oxides of nitrogen, ozone, sulfur oxides, and particulate matter (with separate standards for PM10 (particles with a diameter less than 10 micrometers) and PM2.5 (particles with a diameter less than 2.5 micrometers)). See 40 C.F.R. §§ 50.4-12.

] The States have the primary responsibility to ensure that those limits are satisfied. [**3]  See 42 U.S.C. § 7407(a). Each State must submit to the EPA a state implementation plan (SIP) that "provides for implementation, maintenance, and enforcement of [NAAQS]." Id. § 7410(a)(1). The SIP is subject to approval by the EPA Administrator. See id. § 7410(k).

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