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Environmental Law
Clean Air Act
Ozone

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

Published: Nov. 10, 2012 | Result Date: Oct. 17, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 4:2011-cv-05651 and consolidated action 11-cv-5694-YGR Summary Judgment –  Granted in part

Court

USDC Northern


Attorneys

Plaintiff

James J. Tutchton

Kristin Anne Henry


Defendant

Eileen T. McDonough


Facts

In 2008, the Environmental Protection Agency modified its ozone standards, requiring the states to submit their implementation plans by March 2011. Plaintiffs, a collection of environmental groups, brought suit against the government under the Clean Air Act, alleging that the government did not make a formal "failure to submit" finding for those states that did not submit their plans by the required deadline. After filing the lawsuit, Plaintiffs moved for summary judgment.

Result

As to some of the states, the Court found Plaintiffs were entitled to judgment as a matter of law.


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