Thomas
Sierra Club v. California
Opinion
Opinion
Schwarzer, J.
MEMORANDUM OF OPINION AND ORDER
Plaintiffs have brought this action against defendant Lee M. Thomas, Administrator of the Environmental Protection Agency (“EPA”), to compel him to issue regulations under § 166(a) of the Clean Air Act, 42 U.S.C. § 7476 (a), to prevent the significant deterioration of air quality from emissions of nitrogen oxides. Section 166(a) requires EPA to promulgate the regulations within two years of August 7, 1977, but as of this date, almost ten years later, EPA has yet to comply. It now seeks an additional fifty months within which to promulgate the regulations the statute mandates.
FACTUAL AND PROCEDURAL BACKGROUND
In 1977, Congress enacted a statutory program, Part C, 42 U.S.C. §§ 7470-7479 , of Subchapter I of the Clean Air Act, id. §§ 7401-7642, to prevent the significant deterioration of air quality (the “PSD program”). The program applies to areas of the country with ambient concentrations of air pollutants below national ambient air quality standards (“NAAQS”). NAAQS are maximum permissible concentrations of pollutants established by EPA under § 109 of the Clean Air Act, id. § 7409, and are enforced by the states, id. § 7410.