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Sierra Club v. Johnson

March 31, 2006

SIERRA CLUB, PLAINTIFF,
v.
STEPHEN L. JOHNSON, ADMINISTRATOR, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY,*FN1 DEFENDANT.



The opinion of the court was delivered by: Paul L. Friedman United States District Judge

ORDER

This matter is before the Court on the parties' cross-motions for summary judgment on the issue of remedy. The Court heard argument on the motions on November 22, 2005. Upon consideration of the arguments raised by the parties in their briefs and in open court, it is clear that there are no genuine issues of material fact, and that plaintiffs are entitled to judgment as a matter of law. Accordingly, it is hereby

DECLARED that the failure of defendant Steven L. Johnson to take the following actions constitutes "a failure of the Administrator to perform any act or duty under this chapter that is not discretionary with the Administrator" within the meaning of Section 304(a)(2) of the Clean Air Act ("CAA"), 42 U.S.C. § 7604(a)(2):

1. Promulgate area source air toxics standards, as required by CAA Section 112(c)(3) and 112(k)(3)(B), 42 U.S.C. § 7412(c)(3), (k)(3)(B);

2. Assure that sources accounting for ninety percent of the aggregate emissions of certain persistent and bioaccumulative hazardous air pollutants are subject to emission standards with respect to such pollutants, as required by CAA Section 112(c)(6), 42 U.S.C. § 7412(c)(6); and

3. Promulgate emission standards for smog-causing consumer and commercial products, as required by CAA Section 183(e), 42 U.S.C. § 7511b(e). It is therefore

ORDERED that [63] plaintiff's motion for summary judgment is GRANTED in part; it is

FURTHER ORDERED that [67] defendant's cross-motion for summary judgment is DENIED; it is

FURTHER ORDERED that:

1. EPA shall promulgate standards under CAA Section 112(d) for those area source categories listed by EPA pursuant to CAA Section 112(c)(3) and (k)(3)(B) as source categories that are necessary to meet the 90 percent statutory threshold identified in Section 112(c)(3) and (k)(3)(B), and for which it has not yet issued standards, as follows:

a. EPA shall promulgate standards for 4 of the listed area source categories by December 15, 2006.

b. EPA shall promulgate standards for 6 additional area source categories by June 15, 2007.

c. EPA shall promulgate standards for 10 additional area source categories ...


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