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Center for Biological Diversity v. EPA

ELR Citation: 47 ELR 20117
Nos. 16-cv-05492-JSW, (N.D. Cal., 09/18/2017) (White, J.)

A district court ordered EPA to issue infrastructure requirements for the 2012 fine particulate matter NAAQS for five states within 90 days. In 2015, New Jersey, Pennsylvania, Washington, Illinois, Massachusetts, and Rhode Island missed their deadlines to present compliance plans for the 2012 fine particulate matter NAAQS. Environmental groups brought suit against EPA to compel the agency to perform its mandatory duty to make a finding of failure to submit a plan. EPA did not dispute its duty and requested 90 days to make the finding. The court granted EPA's request and additionally ordered the Agency to approve or disapprove New Jersey's plan within a year.