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Sierra Club v. United States Environmental Protection Agency

ELR Citation: 42 ELR 20078
Nos. No. 08-424, (D.D.C., 03/27/2012) (Roberts, J.)

A district court held that an environmental group may go forward with its CAA citizen suit against EPA for failing to promulgate by November 15, 2000, regulations to reduce hazardous air pollutant emissions created during the manufacturing of brick and structural clay products. EPA filed a motion to dismiss, arguing that the action was time barred. But the court retains jurisdiction over the case since the Agency violated Congress' mandate to issue the regulations by 2000. The fact that EPA promulgated regulations in 2003, which were then remanded by the courts, does not moot the case. It merely restored the status quo that existed before the regulations were issued, again placing EPA in violation of its nondiscretionary duty to issue emission standards for brick and ceramic kilns.