On April 8, 2015, several environmental groups filed suit against the U.S. Environmental Protection Agency (EPA) in federal district court, seeking to compel EPA to review hazardous air pollutant standards for 21 source categories. Among others, the suit lists the stationary combustion turbine, municipal solid waste landfill, automobile and light-duty truck surface coating, and boat manufacturing source categories. The suit alleges that EPA failed to perform non-discretionary duties related to each of the 21 source categories by (1) failing to review and either revise or issue a revision determination for each emission standard, and (2) failing to either promulgate residual risk standards or issue a final determination not to promulgate such standards. The suit does not seek to determine whether or how the standards would be revised, but instead seeks to establish “expeditious” court-ordered deadlines for EPA to propose and finalize its action.
If EPA chooses to enter into a settlement agreement with the environmental groups, it must first publish the agreement in the Federal Register and respond to public comments. For additional information, contact Andrew Holway.