Facts

In April 2009, the Association of Irritated Residents (AIR), a group that promotes air quality and environmental health in the San Joaquin Valley, filed a citizen suit against the U.S. Environmental Protection Agency (EPA) under the Clean Air Act (CAA). AIR sought to compel the EPA to take action on the Sept. 21, 2006 versions of San Joaquin Valley Unified Air Pollution Control District Rules 2020 and 2201.

PLAINTIFF'S CONTENTIONS:
AIR alleged that states are required to approve and present state implementation plans to the EPA for review according to Section 110(a)(1) of the CAA. These plans are designed to set forth control measures, which apply to specific sources of air pollution and must maintain National Ambient Air Quality Standards instituted by the EPA. AIR contended that the EPA was required to take action but failed to do so under Section 110 and as a result, the EPA negatively impacted public health, the permitting of agricultural station sources, and the progress of CAA citizen suits.

Damages

AIR requested a declaration that the EPA violated rules 2020 and 2201, an injunction, costs, attorney fees, and expert witness fees.

Result

The parties agreed to a consent decree whereby the EPA agreed to give notice of its final action on Rule 2020 and Rule 2201 by March 15, 2010.