This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Environmental Law
Clean Air Act
Ozone

WildEarth Guardians, Midwest Environmental Defense Center, Sierra Club v. Lisa Jackson, in her official capacity as Administrator of the Environmental Protection Agency

Published: Jun. 23, 2012 | Result Date: May 9, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 4:2011-cv-05651 and consolidated action 11-cv-5694-YGR Bench Decision –  Defense

Court

USDC Northern


Attorneys

Plaintiff

James J. Tutchton

Kristin A. Henry


Defendant

Eileen T. McDonough


Facts

Several environmental groups, including WildEarth Guardians and the Sierra Club, filed a series of class actions under the Clean Air Act's (CAA) citizen suit provision to force Lisa Jackson, Environmental Protection Agency's administrator, to review and modify the way it regulates air pollution from ozone. The EPA filed a motion to dismiss the complaint for lack of jurisdiction. It argued that it previously complied with the statute when it promulgated prevention of significant deterioration regulations for ozone, and that statute did not create a mandatory duty to update or revise the rules simply because the national ambient air quality standards for ozone had been subsequently revised.

Result

The federal judge agreed with the EPA and ruled that the Clean Air Act did not require it to revise its air quality protection rules just because national standards for ozone have changed. The judge granted the EPA's motion to dismiss.


#103648

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390