Ohio EPA: Citizen Suit Over Digestate Lagoon Violations Must Be Tossed

Mealey's (May 25, 2022, 3:43 PM EDT) -- DAYTON, Ohio — In a May 13 motion to dismiss filed in the U.S. District Court for the Southern District of Ohio, the Ohio Environmental Protection Agency (Ohio EPA) says that not only can it not be named as a defendant in a citizen suit under the Clean Air Act but also that an underlying citizen suit against it fails entirely because the state “has diligently prosecuted” the alleged air quality violations by a bioenergy company, which filed its own motion to dismiss on May 16....