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Sierra Club v. Jackson

ELR Citation: 41 ELR 20224
Nos. 10-5280, (D.C. Cir., 07/01/2011)

The D.C. Circuit upheld the dismissal of a CAA citizen suit challenging EPA's failure to take action to prevent the construction of three proposed pollution-emitting facilities in Kentucky. The lower court held that there was no mandatory duty to act and granted EPA's motion to dismiss for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1). Although the lower court should have relied on Rule 12(b)(6) to determine whether the complaint failed to state a claim upon which relief could be granted rather than under the jurisdictional standards of Rule 12(b)(1), it does not affect the outcome. The APA does not provide a cause of action to review the EPA Administrator's failure to act under CAA §167 because her decision is an agency action "committed to agency discretion by law."