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Decisions In Environmental and Immigration Law Matters

By FindLaw Staff on September 08, 2010 | Last updated on March 21, 2019

Mozden v. Holder, 09-3017, involved a Polish family's petition for review of the BIA's affirmance of an IJ's finding the petitioners removable.  In denying the petition, the court held that the petitioners failed to establish lawful presence, that the BIA did not abuse its discretion in denying a continuance, and the BIA properly affirmed the IJ's finding that the mother did not qualify for consideration of cancellation of removal.


McEvoy v. KKL Dev., LLC., 09-3494, concerned a challenge to the district court's grant of summary judgment in favor of the defendant, in plaintiffs' suit against a local company for violations of the Illinois's Prohibition of Air Pollution and Fugitive Particulate Matter regulations, objecting to the nearby pile of coal stored by the defendant and alleging theories of recovery under the citizen-suit provision of the Clean Air Act (Act).  In affirming, the court held that, contrary to the district court's ruling, the Act permits citizen enforcement of standards found in an SIP, even if those standards are not repeated in a permit.  The court also held that the Illinois's Prohibition of Air Pollution and Fugitive Particulate Matter regulations cannot be used as the basis of a citizen's suit under the Act, as the regulations do not set forth judicially enforceable standards or limitations.  Lastly, the district court was well within its rights to dismiss the supplemental state claims without prejudice.

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