Forum
U.S. Supreme Court
Case Status
Pending
Docket Number
Lower Court Opinion
Questions Presented
1. Whether, as the Fifth Circuit has held, a plaintiff in a CAA citizen suit may satisfy Article III’s traceability requirement merely by showing that she suffered the “kinds of injuries” that defendants’ conduct “could have” caused.
2. Whether this Court should overrule its holding, in Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000), that the availability of civil penalties paid to the government can satisfy Article III’s redressability requirement for private, citizen-suit plaintiffs.
Case Updates
U.S. Chamber files coalition amicus brief urging the Supreme Court to grant certiorari to address confusion in the lower courts over how Article III standing requirements apply to environmental citizen suits
April 16, 2025
U.S. Chamber Coalition Amicus Brief
Aaron M. Streett, Matthew Kuryla, Harrison Reback, and Elisabeth C. Butler of Baker Botts L.L.P. served as outside counsel.
The U.S. Chamber has filed a total of six amicus briefs in this long-running Clean Air Act litigation.