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Sierra Club v. United States Environmental Protection Agency

ELR Citation: 43 ELR 20233
Nos. 13-cv-2809-YGR, (N.D. Cal., 10/09/2013) (Rogers, J.)

A district court denied industry groups' motion to intervene in a CAA citizen suit concerning EPA's alleged failure to review the ozone NAAQS in a timely manner. The underlying lawsuit concerns whether EPA has failed to perform a mandatory duty to review the ozone air quality standards, and whether the court should order a rulemaking deadline. In support of its motion to intervene, the groups argued that they have substantial economic and procedural interests in both the outcome of the ongoing review and in ensuring that they have adequate time to develop and present to EPA information concerning the ozone NAAQS. But while the groups have the right to participate in the public comment process, they have no protectable procedural right to extend a rulemaking process beyond statutory deadlines in order to allow more time for comment. In addition, the groups failed to establish any nexus between the outcome of the underlying action and any economic or procedural right they have, much less interests that would not be represented adequately by EPA with respect to the deadline for EPA's review.