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Sierra Club v. Wheeler

ELR Citation: 48 ELR 20164
Nos. 16-2461(TJK), (D.D.C., 09/14/2018) (Kelly, J.)

A district court granted in part an environmental group's request to compel EPA to produce guidelines for commercial or industrial solid waste incinerators (CISWI) and other categories of solid waste incinerators (OSWI). The group argued that the Agency failed to comply with nondiscretionary duties under §129 of the CAA to finalize federal implementation plans (FIPs) for the 2013 CISWI standards and the 2005 OSWI standards, because the Act established a two-year deadline to develop, implement, and enforce FIPs. But the court disagreed, finding that the Act did not establish a date-certain, nondiscretionary deadline and dismissing the group's claims as to those duties for lack of subject matter jurisdiction. The group also argued that the Agency failed to comply with the Act's requirement to review and revise the 2005 OSWI standards. The Agency agreed that this duty was nondiscretionary, and the court therefore ordered the Agency to finish reviewing and/or revising the OSWI standards by May 2021.