Clark County Faces Potential Class Action Lawsuit Over Clean Air Act Overreach and Civil Rights Violations

Date: June 25, 2025 

Contact: Moe Truman

Email: class-action-lawsuit@clarkcounty.vegas 

Las Vegas, NV — A class action lawsuit is being sought against Clark County, Nevada, alleging systemic violations of the Fourth and Fourteenth Amendments of the U.S. Constitution and improper enforcement of the Federal Clean Air Act of 1975 and other State and Federal laws. The lawsuit contends the County—through its Department of Environment and Sustainability, Air Quality Division and Clark County Health Department—has overstepped its legal authority, infringing on property rights and due process. The plaintiffs argue Clark County has enforced regulations more stringent than those authorized under the federally approved State Implementation Plan (SIP), in violation of federal supremacy. This legal overreach has allegedly led to thousands of warrantless inspections, unlawful property access, failure to present appropriate credentials as required under County code, and penalties issued without proper legal process. 

A key legal precedent underpinning the complaint is the Ninth Circuit Court of Appeals decision in American Short Line & Regional Railroad Association and BNSF Railway Co. v. California Air Resources Board (No. 07-55804, 9th Cir. 2010). In that case, the court affirmed that local and state agencies may not implement clean air regulations that conflict with or exceed the scope of a federally approved SIP. 

The plaintiffs also plan to cite the U.S. Supreme Court’s recent rejection of Chevron deference, which limits administrative agencies from independently interpreting vague or ambiguous statutes without clear Congressional authorization. 

Alleged Fourth Amendment Violations 

Beyond environmental overreach, the complaint includes serious allegations of Fourth Amendment violations. Property owners report that County inspectors entered private property without warrants or statutory authority. A high-profile example involves the Las Vegas Athletic Club (LVAC), where a Clark County ruled in favor of the LVAC that County inspectors unlawfully forced entry to obtain water samples. The court struck down the enforcement of this ordinance justifying the entry, declaring it inconsistent with both Nevada law and the U.S. Constitution. 

To assess the scale of these alleged constitutional violations, plaintiffs have submitted a Freedom of Information Act (FOIA) request to obtain all inspection-related citations issued over the past decade. Preliminary findings suggest there may be more than 5,000 unauthorized entries, potentially exposing the County to significant legal and financial liability. 

A Broader Pattern of Government Overreach 

This lawsuit follows a trend of high-stakes litigation involving Clark County and other public agencies in Southern Nevada: 

• The City of Las Vegas was ordered to pay $286 million in damages in the Badlands Golf Course legal battle. 

• Clark County was held liable for $80 million in a separate judgment involving developer Jim Rhodes and property rights disputes. 

These cases underscore mounting public concern over unchecked governmental authority and highlight the urgent need for transparent, constitutional governance in local regulatory agencies. 

If successful, the current lawsuit could result in damages reaching into the billions of dollars. 

Citizens who believe their constitutional or property rights have been violated by Clark County are encouraged to join the class action.