Wheeler

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ASBESTOS DISEASE AWARENESS Case No. 19-cv-00871-EMC ORGANIZATION, et al., 8 Plaintiffs, ORDER DENYING DEFENDANT’S 9 MOTION TO DISMISS v. 10 Docket No. 16 ANDREW WHEELER, et al., 11 Defendants. 12 13 14 Plaintiffs1 are a group of nonprofit public health and environmental organizations that 15 promote awareness of the risks associated with asbestos in our environment. This suit against the 16 Environmental Protection Agency (“EPA”) and its Acting Administrator, Andrew Wheeler, 17 challenges the EPA’s denial of their petition to initiate rulemaking. Docket No. 1. This action is 18 brought under the Toxic Substance Control Act (“TSCA”) which provides under some 19 circumstances de novo review of the EPA decision. The suit also asserts a claim under the 20 Administrative Procedure Act (“APA”). Pending before the Court is the EPA’s motion to dismiss 21 the FAC’s APA claim for lack of subject matter jurisdiction. The EPA’s motion initially did not 22 …