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Sierra Club v. Jackson

ELR Citation: 41 ELR 20311
Nos. 11-1278 (PLF), (D.D.C., 09/27/2011) (Friedman, J.)

A district court denied EPA's motion to dismiss an environmental group's lawsuit challenging the Agency's administrative stay of two rules setting forth hazardous air emission standards for boilers and commercial and industrial solid waste incineration units. EPA argued that the court lacked jurisdiction over the group's complaint because the CAA vests exclusive jurisdiction in the court of appeals. But in issuing the delay notice, EPA acted under the APA rather the CAA because the APA's administrative stay provision gave EPA more flexibility. Because district courts have subject matter jurisdiction in matters arising under the APA, and because EPA's delay notice was issued under the APA, the court has jurisdiction over the group's complaint.