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KENTUCKY RESOURCES COUNCIL, INC. v. U.S.E.P.A.

Civil Action No. 3:03CV-712-H.

304 F.Supp.2d 920 (2004)

KENTUCKY RESOURCES COUNCIL, INC. and Sara Lynn Cunningham, Plaintiffs v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Natural Resources and Environmental Protection Cabinet, Louisville Metro Air Pollution Control District and Louisville Metro Air Pollution Control Board, Defendants.

United States District Court, W.D. Kentucky, at Louisville.

January 29, 2004.

Attorney(s) appearing for the Case

Thomas Joseph FitzGerald, Kentucky Resources Counsel, Frankfort, KY, for Plaintiffs.

Michael C. Haines, John G. Horne, II, Kentucky Natural Resources & Environmental Cabinet, Frankfort, KY, for Defendants.

Lauren Anderson, Scott N. Lilly, William Patrick O'Brien, Jefferson County Attorney, Louisville, KY, for Cross Claimants.

MEMORANDUM OPINION

HEYBURN, Chief Judge.

Just a few months short of twenty years after it began the vehicle emission testing program (the "VET"), the Louisville Metro Air Pollution Control District (the "District") decided to terminate that program, upon the command of KRS 77.320. Plaintiffs, a group of Louisville residents, challenge that decision on the grounds that the District lacks the authority under the Clean Air Act, 42 U.S.C. § 7401 et seq...

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