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nondiscretionary duty

Natural Resources Defense Council, Inc. v. Perry

ELR Case

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

ELR Case

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...

84 FR 7895

ELR Federal Agency Update

California v. United States Environmental Protection Agency

ELR Case

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

ELR Case

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

ELR Case

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

ELR Case

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...