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Sierra Club v. Pruitt

ELR Citation: 47 ELR 20036
Nos. 16-2238, (D.D.C., 03/02/2017) (Huvelle, J.)

A district court granted EPA's request for an extended deadline to respond to two petitions filed by an environmental group concerning the issuance of two CAA title V operating permits. EPA issued the permits for two coal-fired power plants operating in North Carolina. In June 2016, the plaintiffs filed two petitions objecting to the issuance of the permits. EPA failed to respond to the petitions within 60 days of filing, and plaintiffs gave EPA notice of their intent to file a citizen suit to compel responses on the petitions. Later, the plaintiffs filed a motion for expedited summary judgment, asking the court to compel EPA to respond to its petitions within 30 days. The Agency filed a cross-motion for summary judgment stating that it could not respond within 30 days but asking for an extension until June 30, 2017. The court granted EPA's motion because EPA showed compelling evidence that the extension was needed to adequately respond to the petition.