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Padres Hacia Una Vida Mejor v. Jackson

ELR Citation: 42 ELR 20089
Nos. 1:11-cv-1094, (E.D. Cal., 04/06/2012) (Ishii, J.)

A district court held that a low-income community association may go forward with its claim against EPA for failing to issue preliminary findings and recommendations for voluntary compliance in response to a Title VI complaint concerning the siting, permitting, expansion, and operation of toxic waste dumps within 180 days of EPA's initiation of investigation. EPA argued the claim was time barred, but the court disagreed and denied the Agency's motion to dismiss. EPA was under a duty to issue preliminary findings within 180 days of beginning the investigation. However, the duty to issue preliminary findings did not extinguish on day 181. Rather, EPA's obligation to issue preliminary findings is ongoing. Accordingly, every day after day 181 represents a separate and discrete failure to issue the preliminary findings. Because the association seeks to remedy EPA's failure to issue preliminary findings in light of an ongoing duty to do so, its claim is not barred by 28 U.S.C. §2401(a)'s six-year statute of limitation.