nondiscretionary duty
Earth Island Institute v. Wheeler
A district court denied EPA's motion to dismiss a lawsuit concerning its duty to update its National Contingency Plan (NCP) for addressing oil and hazardous substance contamination. Environmental groups argued that the current NCP is...
Sierra Club v. Wheeler
The D.C. Circuit affirmed dismissal of 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...
Natural Resources Defense Council, Inc. v. Perry
The Ninth Circuit affirmed a district court order directing DOE to publish four energy conservation standards in the Federal Register. Environmental groups and states argued that an agency regulation known as the error-...
Riverkeeper, Inc. v. Wheeler
A district court granted EPA's motion to dismiss a CWA lawsuit seeking to require the Agency to publish New York's water quality standards. The Agency asserted that environmental groups lacked subject matter jurisdiction to bring the...
California v. United States Environmental Protection Agency
A district court denied EPA's motion to dismiss a lawsuit brought by several states alleging that the Agency failed to implement and enforce its 2016 Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. The...
Sierra Club v. Wheeler
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...
Murray Energy Corp. v. McCarthy
A district court held that it has subject matter jurisdiction over a CAA §321(a) lawsuit against EPA for its alleged failure to evaluate the potential for job losses due to its CAA regulation and enforcement efforts. EPA filed a motion...
Sierra Club v. United States Environmental Protection Agency
A district court held that an environmental group may go forward with its CAA citizen suit against EPA for failing to promulgate by November 15, 2000, regulations to reduce hazardous air pollutant emissions created during the...
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