Sierra Club v. Ruckelshaus

No. C-84-0656 WHO (N.D. Cal. September 17, 1984)

The court amends its order of July 25, 1984, 15 ELR 20080 to give the option of delisting radionuclides under § 112 of the Clean Air Act in addition to the option of promulgating final hazardous air pollutant rules.

[Other decisions in this case are published at 15 ELR 20080 and 20101. Related decisions are published at 12 ELR 20457 and 13 ELR 20231.]

Counsel are listed at 15 ELR 20080.

[15 ELR 20082]

ORRICK, J.:

Order

The motions of defendants William D. Ruckelshaus and the Environmental Protection Agency and intervenor Idaho Mining Association to amend order were regularly heard on September 14, 1984.

The Court having read all papers and heard all arguments submitted by the parties, satisfactory proof having been made and good cause appearing.

IT IS ORDERED that the Order entered herein by this Court on July 25, 1984 is hereby amended to read as follows:

The Administrator of the EPA will issue final standards [15 ELR 20083] for radionuclide emissions or a finding on the basis of information presented at hearings during the rulemaking, that radionuclides are clearly not a hazardous pollutant, under Section 112 of the Clean Air Act, 42 U.S.C. § 7412, within ninety (90) days from the date of this Opinion and Order, July 25, 1984.