Concerned Citizens’ members live and recreate around
the oil refinery located in
Meraux, Louisiana (“Meraux Refinery”)
to which EPA issued the Meraux Refinery Title VPermit
. Concerned Citizens’ members breathe, use, and enjoy the ambient air around the area of
the Meraux Refinery. Excessive air pollution from the
Meraux Refinery impairs the members’
enjoyment and use of their property and neighborhood. For example,
members often smell nauseating and obnoxious chemical odors from pollutants that the MerauxRefinery emits into their neighborhood. Members worry that breathing these pollutants willimpair their health so they spend less time outdoors than they otherwise would to avoid the
pollutants. EPA’s failure to comply with its duty under the Clean Air Act causes the members to
worry that the Meraux Refinery exposes them to excess air pollution that may harm their health.4.
’s failure to perform its duty to modify, terminate, or revoke the MerauxRefinery Title V Permit directly harms Concerned Citizens’ members because it allows the
Meraux Refinery to operate under a Title V permit that fails to meet all applicable requirementsand emit more pollutants than a legal permit would authorize. The Clean Air Act grants this
Court authority to redress Concerned Citizens’ injuries by ordering
EPA to perform its dutyunder the Clean Air Act to modify, terminate, or revoke the Meraux Refinery Title V Permit. 42U.S.C. § 7604(a).5.
The Defendant is Bob Perciasepe, EPA
’s acting Administrator
. EPA isresponsible for implementing Clean Air Act requirements.
JURISDICTION AND VENUE
This Court has subject matter jurisdiction pursuant to Clean Air Act, 42 U.S.C. §7604(a)
(compel EPA action “unreasonably delayed”).
This Court also has jurisdiction pursuantto 28 U.S.C. § 1331 (federal question jurisdiction) and 28 U.S.C. § 2201 (declaratory judgment).
Case 2:13-cv-03006 Document 1 Filed 05/15/13 Page 2 of 8