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Sierra Club v. McCarthy

ELR Citation: 44 ELR 20172
Nos. 01-1537, (D.D.C., 07/25/2014) (Friedman, J.)

A district court held that EPA failed to set emissions standards for hazardous air pollutants under CAA §112(c)(6) in violation of prior court orders. In 2006 and 2011, the court ordered EPA to take action by a date certain to ensure its compliance with §112(c)(6), in a manner reviewable by the court of appeals. In 2011, EPA issued a determination notice stating that it had fulfilled its duty to promulgate the emission standards as required by the Act. An environmental group challenged that determination, arguing that the determination was procedurally invalid for failure to comply with notice-and-comment requirements. The court agreed. Because EPA failed to provide notice and comment, EPA's issuance of the determination was procedurally invalid, and the 2006 and 2011 court orders remain unsatisfied. EPA therefore must initiate a process of notice-and-comment rulemaking before it either reissues its determination or takes other appropriate action after considering the comments submitted.