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American Tradition Institute Environmental Law Center v. United States Environmental Protection Agency

Citation: 43 ELR 20029
No. 1:12-cv-1066, (E.D. Va., 01/31/2013) (Trenga)

A district court dismissed a nonprofit group's lawsuit seeking to halt EPA studies that expose humans to fine particulate matter. The challenged EPA conduct does not constitute final agency action. EPA's alleged failure to comply with an agency rule does not constitute "agency action". And even if it did, the action here is not "final," as the action does not involve conduct by which rights or obligations have been determined or from which legal consequences will flow. Nor does the group have standing because none of its members have suffered an injury in fact or have interests that bring them within the zone of interests Congress intended to protect.