Facts

Dine Care and the National Parks Conservation Association filed a citizen's suit against the U.S. Environmental Protection Agency, claiming that the EPA had unreasonably delayed in promulgating a final rule establishing Best Available Retrofit Technology for the Navajo Generation Station. Navajo Generation Station was a power plant located on the Navajo National Indian Reservation in northern Arizona.

PLAINTIFFS' CONTENTIONS:
Plaintiffs argued that pollution from Navajo Generation Station had plagued the Grand Canyon and other areas, discharging a great deal of pollutants into the air of the American Southwest. They further claimed that this pollution caused a visibility impairment that the EPA had a duty to resolve. The EPA was informed that it needed to conduct a regional Best Available Retrofit Technology analysis, but did not do so. Plaintiffs then sought a court order that the EPA had failed to make a Best Available Retrofit Technology determination for the Navajo Generation Station, which constituted a failure to perform a nondiscretionary duty without unreasonable delay.

DEFENDANT'S CONTENTIONS:
The EPA moved for summary judgment, arguing that this court lacked subject matter jurisdiction to hear this particular case.

Result

The court granted the EPA's motion for summary judgment, and dismissed this case.