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Natural Resources Defense Council v. Thomas

Citation: 19 ELR 20048
No. No. 82-2137, 705 F. Supp. 1/28 ERC 1279/(D.D.C., 07/15/1988) Deadlines extended

The court grants the Environmental Protection Agency (EPA) an extension of its judicially mandated deadline for approval of state implementation plans (SIPs) or promulgation of federal implementation plans (FIPs) for lead in two states. In an earlier consent order, 13 ELR 20789, EPA had agreed to approve SIPs or promulgate FIPs for various states within specified amounts of time. While EPA has adhered to some of the deadlines in the consent order, it has failed to meet others. Plaintiffs seek enforcement of the consent order with regard to sites in two states, and EPA seeks extensions of its deadlines. The court first declares that EPA has violated the consent order, but that the Agency has made substantial progress in most jurisdictions. The court establishes extended deadlines by which EPA must have approved SIPs or issued FIPs for disputed sites in Indiana and Alabama, and states that no further extensions will be granted. Finally, the court declines to require defendants to submit status reports every two, rather than every three, months.

Counsel for Plaintiffs
Ronald J. Wilson
Wilson & Cotter
1531 P St. NW, Washington DC 20036
(202) 232-3601

Counsel for Defendants
John Ulfelder
Office of General Counsel
U.S. Environmental Protection Agency
401 M St. SW, Washington DC 20460
(202) 382-7615

Edwin Seeger
Prather, Seeger, Doolittle & Farmer
1600 M St. NW, 7th Fl., Washington DC 20036
(202) 296-0500