Gorsuch
Sierra Club v. Gorsuch
Opinion
Opinion
Sweigert, J.
MEMORANDUM OF DECISION
This is a civil action under the Clean Air Act (“Act”), 42 U.S.C. § 7401 et seq. Plaintiffs Sierra Club, an environmental organization, and two individuals, bring this action pursuant to the citizens’ suit provision of the Act ( 42 U.S.C. § 7604 ), alleging that the Environmental Protection Agency (“EPA” or “Agency”) has failed to perform its duty under the Act with respect to establishing national emission standards for radionuclides — a hazardous air pollutant. Plaintiffs seek declaratory and injunctive relief.
Section 7412(b)(1)(A) and (B) of the Act provide in pertinent part as follows:
The evidentiary record shows without dispute that on November 8, 1979, the EPA listed radionuclides as a hazardous air pollutant. However, the Agency has failed to publish proposed regulations establishing emission standards for the listed pollutant within 180 days after such listing as required by the Act. No such proposed regulations have been published in the nearly three years since the date of the listing.
The record also contains evidentiary material presented by the EPA and the intervenors tending to explain this long delay upon the ground that compliance with…