On April 16, 2025, the NAM filed an amicus brief urging the U.S. Supreme Court to review a lower court decision imposing $14.25M in penalties in a Clean Air Act citizen suit. In this case, the 5th Circuit affirmed the lower court’s decision imposing penalties for 3,651 days of CAA violations, despite the plaintiffs only showing that they experienced injuries caused by approximately 40 days of violations.
We argue that review is necessary to enforce the constitutional limits of citizen suits: penalties can only be assessed for CAA violations that cause harm to a plaintiff. Ensuring that courts exercise appropriate discretion in imposing civil penalties, consistent with environmental protection and sound governance, is critical for all manufacturers.
Unfortunately, the Supreme Court denied review on June 30, 2025.