151615P.pdf   06/08/2016  Nucor Steel - Arkansas  v.  Big River Steel
   U.S. Court of Appeals Case No:  15-1615
   U.S. District Court for the Eastern District of Arkansas - Jonesboro   
   [PUBLISHED] [Gruender, Author, with Loken and Kelly, Circuit Judges] 
   Civil case - Environmental law. While plaintiff's allegations that Big 
   River violated the Arkansas State Implementation Plan (SIP)presented a 
   challenge to an emission standard or limitation as that term is defined in 
   42 U.S.C. Sec. 7604(f)(4), plaintiff did not allege the repeated or 
   ongoing violations necessary to support a citizen suit under Section 
   7604(a)(1) of the Act, and the district court did not err in concluding it 
   lacked jurisdiction under Section 7604(a)(1); defendant had a permit and 
   the district court did not err in finding it lacked jurisdiction under 
   Section 7604(a)(3) to entertain plaintiff's allegations that defendant did 
   not meet the requirements to obtain the permit; in sum, the district court 
   did not err in finding the Clean Air Act does not authorize a 
   preconstruction citizen suit against a party that has obtained a permit; 
   the district court did not err in barring plaintiff's Title I claims based 
   on the availability of Title V review.