Farmers Union Central Exchange, Inc. v. Lee Thomas, Administrator, Environmental Protection Agency

This case arises out of the Environmental Protection Agency’s regulatory control over the lead content of gasoline. EPA appeals a memorandum opinion and order in which the district court exercised jurisdiction under the citizen suit provision of the Clean Air Act, 42 U.S.C. § 7604 (1982), and granted a permanent injunction by summary judgment in favor of Farmers Union Central Exchange (“CENEX”). We vacate the injunction because we find the district court lacked jurisdiction over this matter.

I. FACTS AND PROCEEDINGS BELOW

The Clean Air Act, 42 U.S.C. §§ 7401-7642 (1982 & Supp. IV 1986), authorizes EPA to regulate fuels or fuel additives that contribute to air pollution. Id. § 7545(c). Pursuant to this statutory authority, EPA promulgated regulations in 1985 reducing the allowable lead content of gasoline. Regulation of Fuel and Fuel Additives; Banking of Lead Rights, 50 Fed.Reg. 13,-116 (1985) [hereinafter Fuel Regulations] (codified at 40 C.F.R. § 80.20 (1988)). These regulations require refiners to reduce the lead content of gasoline according to an increasingly stringent standard. See 40 C.F.R. § 80.20 (a). To assist compliance, EPA instituted a lead credit banking program.…