Environmental Defense v. United States Environmental Protection Agency
Published: Oct. 18, 2008 | Result Date: Jan. 3, 2008 | Filing Date: Jan. 1, 1900 |Case number: 05CV02090(SC) Settlement – Equitable Award
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Norman L. Rave Jr.
(U.S. Dept. of Justice)
Kelly A. Johnson
(Saxe, Doernberger & Vita PC)
Facts
Plaintiff Environmental Defense, a non-profit environmental group, claimed defendant Steve Johnson, the United States Environmental Protection Agency's administrator, violated the Clean Air Act when he failed to register diesel exhaust as a dangerous air pollutant. On Aug. 11, 2003, plaintiff petitioned defendants Johnson and the EPA to place diesel exhaust on the list. 18 months passed and plaintiff did not receive a response. The plaintiff brought an action for a mandatory injunction to force Johnson to take responsibility for non-discretionary obligations pursuant to the Clean Air Act.
Result
On Feb. 15, 2006, a consent decree was approved whereby the EPA agreed to take action by June 12, 2006. In the event that it could be granted, a final notice of publication would be signed by May 1, 2007. Later, the decree was altered such that the EPA would take action by Aug. 11, 2010, and sign the final notice for publication by May 11, 2011.
Other Information
FILING DATE: May 20, 2005.
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