Sierra Club v. Moser, et al., 310 P.3d 360 (Kan. 2013)

(plaintiff environmental group challenged a decision by defendant (Kansas Department of Health and Environment (KDHE)) to issue an air emission construction permit to a power company for the construction of an 895-megawatt coal-fired power plant; in reversing and remanding to KDHE, the Court found that plaintiff had both statutory and common law standing because individual members did allege injury in fact; KDHE erred in finding that new EPA regulations establishing one-hour emission limits for NO2 and SO2 did not apply since Kansas had not yet amended its state implementation plan in light of the new regulations;  the Clean Air Act required application of these regulations and KDHE was ordered to apply them on remand; the Court also instructed KDHE on remand to apply EPA’s new hazardous air pollutants (HAP) emission limits that were explicitly retroactive to the permit).