Aaron Michael Streett , Baker Botts, L.L.P., Houston, TX, for Amici Curiae American Fuel and Petrochemical Manufacturers, BCCA Appeal Group, Chamber of Commerce of the United States of America, National Association of Manufacturers, Texas Association of Business, Texas Chemical Council, Texas Oil & Gas Association.
Michael Robert Hull , Senior Assistant County Attorney, County Attorney's Office for the County of Harris, Houston, TX, for Amicus Curiae Harris County Attorney Vince Ryan.
Kelly Leigh Haragan, Esq. , University of Texas School of Law, Environmental Law Clinic, Austin, TX, Emma C. Cheuse , Earthjustice Legal Defense Fund, Washington, DC, for Amicus Curiae Air Alliance Houston.
Before DAVIS, COSTA, and OLDHAM, Circuit Judges.
GREGG COSTA, Circuit Judge.
The Clean Air Act authorizes "any person" to sue polluters. 42 U.S.C. § 7604(a). Any recovery goes to the government. This citizen suit provision harkens back to pre-Founding English law that allowed private individuals, through various writs, to enforce laws on behalf of the government. See Steven L. Winter...
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