11/1/2013 | CWA, ESA, Northwest Environmental Advocates Alleges further duties under the CWA and ESA respecting Washington Water Quality Standards. |
11/1/2013 | CWA, Northwest Environmental Advocates Alleges further duties under the CWA relating to Idaho Water Quality Standards. |
9/17/2013 | CAA, California Communities Against Toxics and Sierra
Club Failure to conduct residual risk and technology reviews for 46 source categories |
8/15/2013 | CAA, BCCA Appeal Group Failure to promulgate designations of areas for the 1-hour NAAQS for sulfur dioxide. |
8/14/2013 | CWA,
South Carolina Coastal Conservation League For violations in connection with approval of Clydesdale Mitigation Bank. |
8/8/2013 | CWA, Pacific Coast Federation of Fishermen's
Associations and the Institute for Fisheries Resources Alleges that EPA is in violation of a non-discretionary duty, under 33 U.S.C. 1313(c)(4), to propose and promulgate certain water quality standards for the State of Washington. |
8/2/2013 | CAA, The Attorneys General of New York,
Connecticut, Maryland, Massachusetts, Oregon, Rhode Island, and Vermont
and the Puget Sound Clean Air Agency Failure to timely review and revise the NSPS for Residential Wood Heaters under the CAA. |
8/2/2013 | CAA, American Lung Association, Clean Air
Council, Environmental Defense Fund, and Environment and Human Health,
Inc. Failure to timely review and revise the NSPS for Residential Wood Heaters under the CAA. |
Click or tap any row to get more details about that case, including links to court documents.
Case Name | Agency(ies) | Issue | What They Got | Learn more |
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American Petroleum Institute v. EPA (petroleum refineries NSPS) | EPA | Greenhouse gas (GHG) New Source Performance Standards (NSPS) for Petroleum Refineries | EPA agreed to issue the first-ever NSPS for GHG emissions from petroleum refineries. | |
American Lung Association v. EPA (consolidated with New York v. Jackson) | EPA | National ambient air quality standards (NAAQS) for particulate Matter | EPA agreed to sign a final rule addressing the NAAQS for particulate matter. In January 2013, EPA published a final rule making the standard more stringent. | |
American Nurses Association v. Jackson | EPA | Maximum achievable control technology (MACT) emissions standards for hazardous air pollutants (HAP) from coal- and oil-fired electric utility steam generating units (EGUs) | EPA entered into a consent decree requiring the agency to issue MACT standards under Section 112 of the Clean Air Act (CAA) for coal- and oil-fired electric utility steam generating units (known as the "Utility MACT" rule). The rule was finalized in February 2012. | |
Association of Irritated Residents v. EPA et al (2008 PM 2.5 SIP) | EPA | CA state implementation plan (SIP) submission regarding 1997 PM2.5 NAAQS | EPA agreed to take final action on the 2008 PM2.5 San Joaquin Valley Unified Air Control District Plan for compliance with 1997 PM2.5 NAAQS. The final action was taken in November 2011. | |
Association of Irritated Residents v. EPA et al (SIP revisions) | EPA | CA SIP revision regarding two rules amended by the San Joaquin Valley Unified Air Pollution Control District | EPA agreed to take final action on the SIP revision and specifically the two rules amended by the San Joaquin Valley Unified Air Pollution Control District (Rule 2020 "Exemptions" and Rule 2020 "New and Modified Stationary Source Review Rule"). The final action was taken in May 2010. | |
Center for Biological Diversity et al v. EPA (kraft pulp NSPS) | EPA | Kraft pulp NSPS | EPA agreed to review and, if applicable, revise the kraft pulp NSPS air quality standards. | |
Center for Biological Diversity v. EPA | EPA | GHGs and ocean acidification under the Clean Water Act (CWA) | In a settlement agreement, EPA agreed to take public comment and begin drafting guidance on how to approach ocean acidification under the CWA. On November 15, 2010, in guidance, EPA urged states to identify waters impaired by ocean acidification under the CWA and urged states to gather data on ocean acidification, develop methods for identifying waters affected by ocean acidification, and create criteria for measuring the impact of acidification on marine ecosystems. | |
Center for Biological Diversity v. U.S. Department of Agriculture | Department of Agriculture, U.S. Forest Service | Southern California Forest Service Management Plans | Conservation groups sued U.S. Forest Service over a forest management plan for four California national forests. The challenged plans designated more than 900,000 roadless acres for possible road building or other development. In 2009, a federal district court agreed with the groups, ruling that the plans violated the National Environmental Policy Act. The parties entered into a settlement agreement that withholds more than 1 million acres of roadless areas from development. Further, the agency allowed the advocacy groups to participate in a collaborative process to, among other things, identify a list of priority roads and trails for decommissioning and/or restoration projects. | |
Center for Biological Diversity v. U.S. Department of the Interior | Department of Interior, Department of Agriculture, Bureau of Land Management, U.S. Forest Service | Grazing fees on federal lands; environmental groups wanted the fees raised | In a settlement agreement, agencies agreed to respond to the plaintiffs' petition by January 18, 2011, and determine whether a National Environmental Policy Act (NEPA) environmental impact statement was required to issue new rules for the fee grazing program. The agencies ultimately declined to revise the rules for the fee grazing program, citing other high-priority efforts that took precedence. | |
Coal River Mountain Watch. et al. v. Salazar et al. | EPA and Department of Interior | Stream Buffer Zone Rule | The 1983 stream buffer rule restricted mining activities from impacting resources within 100 feet of waterways. The Bush administration revised the rule to allow activity inside the buffer if it was deemed impractical for mine operators to comply. Environmental groups want the Obama administration to undo that change and declare that the stream buffer zone rule prohibits "valley fills." Environmental groups sued the Department of the Interior (DOI) in 2008 over the changes. Secretary Salazar tried to revoke the rule in April 2009, but a court held that the Office of Surface Mining Reclamation and Enforcement (OSM) must go through a full rulemaking process. OSM agreed to amend or replace the stream buffer rule. | |
Colorado Citizens Against Toxic Waste, Inc. et al v. Johnson | EPA | National emission standards for radon emissions from operating mill tailings | EPA agreed to review and, if appropriate, revise national emission standards for radon emissions from operating mill tailings. EPA also agreed to certain public participation stipulations. | |
Colorado Environmental Coalition v. Salazar | Department of Interior | Bureau of Land Management (BLM) decision to amend resource management plans (RMPs), which opened 2 million acres of federal lands for potential oil shale leasing; plaintiffs alleged failure to comply with NEPA and other statutes | BLM agreed to consider amending each of the 2008 RMP decisions. As part of the amendment process, BLM agreed to consider several proposed alternatives, including alternatives that would exclude lands with wilderness characteristics and core or priority habitat for the imperiled sage grouse from commercial oil shale leasing. BLM also agreed to delay any calls for commercial leasing, but retained the right to continue nominating parcels for Research, Development, and Demonstration (RD&D) leases and to convert existing RD&D leases to commercial leases. | |
Comite Civico del Valle, Inc. v. Jackson et al (CA SIP) | EPA | CA SIP regarding measures to control particulate matter emissions from beef feedlot operations within the Imperial Valley | EPA agreed to take final action on the SIP revision regarding particulate matter emissions from beef feedlot operations within the Imperial Valley. The final rule was published on November 10, 2010. | |
Comite Civico del Valle, Inc. v. Jackson et al (Imperial County 1) | EPA | CA SIP revision regarding Imperial County Air Pollution Control District Rules 800-806 (addressing PM10) | EPA agreed to take final action on the Imperial County Air Pollution Control District's Rules 800-806 (addressing PM10) that revise the CA SIP. A proposed rule was published on January 7, 2013. | |
Comite Civico del Valle, Inc. v. Jackson et al (Imperial County 2) | EPA | CA SIP revision regarding Imperial County Air Pollution Control District Rules 201, 202, and 217 | EPA agreed to take final action on Imperial County Air Pollution Control District Rules 201, 202, and 217 that revise the CA SIP. | |
Defenders of Wildlife v. Jackson | EPA | Effluent Limitation Guidelines for Steam Electric Power Generating Point Source | EPA agreed to sign a notice of proposed rulemaking regarding revisions to the effluent guidelines for steam electric power plants, followed by a final rule. In this case, the advocacy group's complaint was filed on the same day that the parties moved to enter the consent decree. | |
El Comite Para El Bienestar De Earlimart et al v. EPA et al | EPA | CA SIP submission regarding fumigant rules in San Joaquin Valley | EPA agreed to take final actions on the Pesticide Element SIP Submittal and the Fumigant Rules Submittal. A final rule was published on October 26, 2012. | |
Environmental Defense Fund v. Jackson | EPA | NSPS for municipal solid waste landfills | EPA agreed to review and, if applicable, revise the NSPS for municipal solid waste landfills. | |
Florida Wildlife Federation v. Jackson | EPA | Numeric nutrient criteria for waters in FL | Environmental groups sued EPA in July 2008 to develop numeric nutrient criteria for FL. EPA entered into a consent decree with the plaintiffs in 2009. As part of the consent decree, EPA agreed to issue limits in phases. Limits for FL's inland water bodies outside South FL were finalized on December 6, 2010; the limits for estuaries and coastal waters, and South FL's inland flowing waters were proposed on December 18, 2012. Final rules, by consent decree, are required by September 30, 2013. | |
Fowler v. EPA | EPA | CWA regulatory regime for Chesapeake Bay | EPA agreed to establish a Total Maximum Daily Load for the Chesapeake Bay. The settlement requires EPA to develop changes to its storm water program affecting the Bay. | |
Friends of Animals v. Salazar | Department of Interior | DOI non-action on plaintiff's petitions to list 12 species of parrots, macaws, and cockatoos as endangered or threatened under the Endangered Species Act | DOI agreed to issue 12-month findings on the 12 species contained in the petition. | |
In re Endangered Species Act Section 4 Deadline Litigation (This case relates to Center for Biological Diversity v. Salazar, 10-0230 and 12 different WildEarth Guardians complaints) | Department of Interior | WildEarth Guardians cases: 12 lawsuits seeking to designate 251 species as threatened or endangered under the ESA. CBD case: Seeking 90-day findings for 32 species of Pacific Northwest mollusks, 42 species of Great Basin springsnails, and 403 southeast aquatic species | WildEarth: U.S. Forest Service agreed to make a final determination on ESA status for 251 candidate species on or before September 2016. CBD: FWS agreed to make requested findings no later than the end of 2011 (this covers 32 species of Pacific Northwest mollusks, 42 species of Great Basin springsnails, and the 403 southeast aquatic species). Note: There are additional actions required for both settlements. | |
Kentucky Environmental Foundation v. Jackson (Huntington-Ashland SIP) | EPA | KY SIP revision addressing 1997 PM 2.5 NAAQS | EPA agreed to take final action on the Kentucky SIP addressing 1997 PM 2.5 NAAQS for the Huntington-Ashland area. The final rule was published in April 2012. | |
Kentucky Environmental Foundation v. Jackson (Louisville SIP) | EPA | KY SIP regarding 1997 PM 2.5 NAAQS | EPA had already taken actions by the time the agreement was made. EPA did agree to take final action on the PM 2.5 emissions inventory for the Louisville SIP. | |
Louisiana Environmental Action Network v. Jackson | EPA | LA SIP for 1997 ozone NAAQS | LEAN brought the case to compel EPA to take action on ozone standards in the Baton Rouge area. As part of the settlement, LEAN agreed to ask the court to hold the litigation in abeyance and EPA agreed to take action if the Baton Rouge area does not come into attainment. | |
Mossville Environmental Action NOW v. Jackson | EPA | New MACT standards for PVC manufacturers | Environmental groups previously litigated and won a decision overturning EPA's 2002 decision not to make the MACT standards for PVC makers more stringent. Environmental groups brought this case in 2008 to compel EPA to set new MACT standards. In 2009, there was a settlement agreement between EPA and the plaintiffs. The agreement called upon EPA to finalize the new MACT standards. EPA issued a final rule in April 2012. | |
National Parks Convservation Association v. Jackson (Regional haze FIPS and SIPs) | EPA | Regional haze FIPs and SIPs | EPA agreed to deadlines to promulgate proposed and final regional haze FIPs and/or SIPs (or partial FIPs and SIPs). | |
Natural Resources Defense Council et al. v EPA | EPA | Reporting requirements for concentrated animal feeding operations (CAFOs) | EPA agreed to create publicly available guidance to assist in the implementation of NPDES permit regulations and Effluent Limitation Guidelines and Standards for CAFOs. The agency also agreed to publish a proposed rule regarding reporting requirements for CAFOs. A proposed rule was published in October 2011 and later withdrawn in July 2012. | |
Natural Resources Defense Council v. EPA | EPA | Pesticide human testing consent rule | A 2006 human-testing rule required subjects of paid pesticide experiments to provide "legally effective informed consent." Environmental groups challenged the rule. A June 2010 settlement required EPA to propose amendments to the rule to make it stricter. The settlement required EPA to incorporate specific language in the rule. The new rules were proposed on February 2, 2011. The final rule was published on February 14, 2013 and includes the negotiated language. | |
Natural Resources Defense Council v. EPA (California SIP) | EPA | CA SIP submission for 1997 ozone and PM 2.5 NAAQS | EPA agreed to take action on SIPs as they apply to PM 2.5 and ozone for California�s South Coast Air Basin. | |
Natural Resources Defense Council v. Salazar | Fish and Wildlife Service; Department of Interior | Listing of whitebark pine tree as an endangered species under the Endangered Species Act as a result of climate change | On July 19, 2011, FWS found that the whitebark pine tree should be listed as threatened or endangered under the ESA as a result of climate change. It was the first time the federal government has declared a widespread tree species in danger of extinction because of climate change. | |
New York v. EPA (power plants) | EPA | GHG NSPS for Power Plants | On April 13, 2012, EPA proposed the first-ever NSPS for GHG emissions from new coal- and oil-fired power plants. This came about as a result of a settlement of a 2006 lawsuit challenging power plant NSPS. | |
Northwoods Wilderness Recovery v. Kempthorne | Fish and Wildlife Service; Department of Interior | FWS's exclusion of 13,000 acres of national forest land in Michigan and Missouri from the final �critical habitat� designation for the Hine�s emerald dragonfly under the Endangered Species Act | The Fish and Wildlife Service agreed to a remand without vacatur of the critical habitat designation in order to reconsider the federal exclusions from the designation of critical habitat for the Hine�s emerald dragonfly. FWS doubled the size of the critical habitat from 13,000 acres to more than 26,000. The final rule was published in April 2010. | |
Portland Cement Assn. v. EPA | EPA | MACT standards for Cement Kilns | EPA settled a lawsuit seeking to force the agency to control mercury emissions from cement kilns. The settlement was between EPA and numerous petitioners that challenged the 2006 cement MACT rule. The petitioners included environmental groups, states, and the cement industry. The final cement MACT rule was published in the Federal Register on September 9, 2010; environmental groups and cement industry petitioned for reconsideration of the 2010 rule. EPA denied in part and amended in part the petitions to reconsider. EPA published a new final rule on February 12, 2013. The reconsidered rule relaxed some aspects of the 2010 rule, and allowed cement companies more time to comply. | |
Riverkeeper v. EPA | EPA | CWA 316(b) standards on Cooling Water Intake Structures | The EPA agreed to propose and finalize a rule regulating cooling water intake structures under 316(b), and to consider the feasibility of more stringent technical controls. | |
Sierra Club et al v. Jackson (ozone NC, NV, ND, HI, OK, AK, ID, OR, WA, MD, VA, TN, AR, AZ, FL, and GA) | EPA | Action on 1997 ozone NAAQS revisions for NC, NV, ND, HI, OK, AK, ID, OR, WA, MD, VA, TN, AR, AZ, FL, and GA | EPA agreed to take final action on 1997 Ozone NAAQS revision for NC, NV, ND, HI, OK, AK, ID, OR, WA, MD, VA, TN, AR, AZ, FL, and GA. | |
Sierra Club et al v. Jackson et al (CA RACT SIP) | EPA | CA SIP submissions regarding reasonably available control technology demonstration | EPA agreed to take final action on the CA RACT SIP. | |
Sierra Club et al v. Jackson et al (San Joaquin Valley) | EPA | CA SIP submission for 1997 ozone NAAQS | EPA agreed to take final action on the 8-hour ozone plan submitted by the San Joaquin Valley Air Pollution Control District, the purpose of which is to achieve progress toward attainment of 1997 ozone NAAQS. A final rule was published on March 1, 2012. | |
Sierra Club et. al. v EPA (lead case) | EPA | Lead; Renovation, Repair, and Painting Program | In 2008, numerous environmental groups commenced lawsuits against EPA to challenge the Lead Renovation, Repair, and Painting Program Rule, and these suits were consolidated in the DC Circuit Court of Appeals. As part of this settlement agreement, EPA agreed to propose significant and specific changes to the rule that were outlined in the settlement agreement. Significantly, EPA agreed to drop an "opt-out" provision that would allow millions of homes without children or pregnant comen to waive the lead restrictions. | |
Sierra Club filed a notice of intent to file a lawsuit | EPA | Attainment determinations for 1997 ozone NAAQS for areas in NY, NJ, CT, MA, IL, MO and other areas | EPA agreed to make attainment determinations for 1997 ozone NAAQS for areas in NY, NJ, CT, MA, IL, and MO. The "other areas" were not included because EPA and plaintiffs agreed that EPA had already addressed the issues for those areas. | |
Sierra Club v. EPA (Nitric Acid) | EPA | Nitric acid plants NSPS | EPA agreed to review NSPS for nitric acid plants. As a result of this review, EPA proposed NSPS for nitric acid plants in October 2011. The final rule was published in August 2012. | |
Sierra Club v. EPA et al (clay ceramics) | EPA | Brick MACT | EPA agreed to issue final rules setting MACT standards for brick and structural clay products manufacturing facilities located at major sources and clay ceramics manufacturing facilities located at major sources. | |
Sierra Club v. EPA et al (TX ozone PM SIP) | EPA | TX SIP submission regarding 1997 ozone and PM 2.5 NAAQS | EPA agreed to take final action on certain infrastructure components of TX SIP submissions for 1997 ozone and PM 2.5 NAAQS. | |
Sierra Club v. Jackson (21 states) | EPA | 21 states' SIPs submissions for 1997 ozone NAAQS | EPA agreed to approve or disapprove the 1997 8-hour ozone NAAQS Infrastructure SIPs for ME, RI, CT, NH, AL, KY, MS, SC, WI, IN, MI, OH, LA, KS, NE, MO, CO, MT, SD, UT, and WY. | |
Sierra Club v. Jackson (28 different MACT) | EPA | MACT standards for 28 industry source categories | Sierra Club sued EPA on January 13, 2009—seven days prior to the change in administration—to review and revise CAA MACT standards for 28 different categories of industrial facilities, including wood furniture manufacturing, Portland Cement, pesticides, lead smelting, secondary aluminum, pharmaceuticals, shipbuilding, and aerospace manufacturing. On July 6, 2010, EPA lodged a consent decree that required EPA to revise MACT standards for all 28 categories. | |
Sierra Club v. Jackson (AL and GA SIPs) | EPA | AL SIP submission for 1997 PM 2.5 NAAQS and GA SP submission for 1997 ozone NAAQS | EPA agreed to take final action on "numerous SIP submittals" by AL for the 1997 PM 2.5 NAAQS and GA for the 1997 8-hour ozone NAAQS. | |
Sierra Club v. Jackson (AR Regional Haze) | EPA | AR Regional Haze SIP | EPA agreed to sign a notice of final rulemaking to approve or disapprove the AR Regional Haze SIP. | |
Sierra Club v. Jackson (Boiler MACT and RICE rule) | EPA | MACT standards for boilers and stationary reciprocating internal combustion engines (RICE) | In 2003, EPA and Sierra Club entered into a consent decree that required MACT standards for boilers and RICE. There were other MACT standards requirements as well. For Boiler MACT: The rule history is extremely complicated. In 2006, the DC District court issued an order detailing a schedule. EPA and Sierra Club both agreed multiple times to extend the deadline to finalize rules. However, Sierra Club opposed EPA's motion to extend a January 16, 2011 deadline that was established in a September 20, 2010, order, from January 16, 2011 to April 13, 2012. EPA realized that it needed much more time for the final rules. Judge Paul Friedman of the DC District Court decided that enough was enough and gave EPA only one month to issue the rules. EPA did in fact issue the rule on March 21, 2011, and that same day published a notice of reconsideration. The final rules based on the reconsideration were published on January 31, 2013, and February 1, 2013. For the RICE rule: In 2007, 2009, and 2010, EPA and Sierra Club modified the deadline dates for final action as required in the decree. EPA agreed to take additional comment on the RICE rule in June and October 2012, and published the final RICE rule in January 2013. | |
Sierra Club v. Jackson (DSW Rule) | EPA | Revisions to the Definition of Solid Waste under RCRA | Sierra Club challenged the 2008 "Definition of Solid Waste" rule, which established requirements for recycling hazardous secondary materials. To settle the lawsuit, EPA agreed it would review and reconsider the rule. In July 2011, EPA published a proposed rule, significantly tightening the types of materials that can be recycled under RCRA. | |
Sierra Club v. Jackson (Houston-Galveston-Brazoria) | EPA | TX SIP submission for 1997 ozone NAAQS | EPA agreed to take final action on the SIP for the Houston-Galveston-Brazoria 1997 8-hour ozone nonattainment areas. | |
Sierra Club v. Jackson (Kentucky Regional Haze) | EPA | KY SIP submissions for 1997 ozone NAAQS and Regional Haze | EPA agreed to the following: By April 15, 2011, EPA would take final action on ozone SIP submittals for various Kentucky ozone maintenance areas; by March 15, 2012, EPA would take final action on KY's Regional Haze SIP. | |
Sierra Club v. Jackson (MA, CT, NJ, NY, PA. MD, and DE SIPs) | EPA | SIP submissions for certain NAAQS by MA, CT, NJ, NY, PA, MD, and DE | EPA agreed to take final actions on SIPs for certain NAAQS for MA, CT, NJ, NY, PA, MD, and DE. | |
Sierra Club v. Jackson (ME, MO, IL, and WI SIPs) | EPA | SIP submissions for 1997 ozone NAAQS by ME, MO, IL, and WI | EPA agreed to take final action on the SIPs for certain areas of IL, ME, and MO. Wisconsin was not included because the issue was already resolved. | |
Sierra Club v. Jackson (NC and SC SIPs) | EPA | NC and SC SIP submissions regarding 1997 ozone NAAQS | EPA agreed to take final actions on North Carolina and South Carolina SIPs for Charlotte-Gastonia-Rock Hill. | |
Sierra Club v. Jackson (OK SIP) | EPA | OK SIP revision regarding excess emissions | EPA agreed to ake final action on a revision to the OK SIP regarding excess emissions. | |
Sierra Club v. Jackson (ozone TX, CT, MD, NY, NJ, MA, and NH) | EPA | Attainment determinations for 1-hour ozone for areas in TX, CT, MD, NY, NJ, MA, and NH | EPA agreed to make attainment determinations for 1 hour ozone for areas in TX, CT, MD, NY, NJ, MA, and NH. | |
WildEarth Guardians et al v. Jackson (ozone AZ, NV, PA, and TN) | EPA | Nonattainment of 1997 ozone NAAQS for areas in AZ, NV, PA, and TN | EPA agreed to set a deadline for issuing findings of failure to submit SIPs for the 1997 ozone NAAQS for areas in NV and PA. Other actions addressed concerns in two other states. | |
WildEarth Guardians v. Jackson (2008 ozone NAAQS) | EPA | Area designations for 2008 ground level ozone NAAQS | EPA agreed to sign for publication in the Federal Register a notice of the Agency�s promulgation of area designations for the 2008 ground-level ozone NAAQS. | |
WildEarth Guardians v. Jackson (2nd suit for Phoenix) | EPA | AZ SIP submission for 1997 ozone NAAQS | EPA agreed to take action on AZ SIP submission pertaining to Phoenix-Mesa's plan to achieve progress toward attainment of 1997 ozone NAAQS. EPA issued a final rule on June 13, 2012. | |
WildEarth Guardians v. Jackson (CO, UT, MT, and NM SIPs) | EPA | Final action on 22 SIP submissions from CO, UT, and MT | EPA agreed to take final action on 22 SIP submissions from CO, UT, and MT, and then added 19 SIP submissions from NM, for a total of 41 SIP submissions. | |
WildEarth Guardians v. Jackson (oil and gas) | EPA | CAA Regulations on Oil and Gas Drilling Operations | In January 2009, environmental groups sued EPA to update federal regulations limiting air pollution from oil and gas drilling operations. EPA settled with environmentalists on December 3, 2009. The settlement required EPA to review and update three sets of regulations: (1) NSPS for oil and gas drilling; (2) MACT standards for hazardous air pollutant emissions; (3) and "residual risk" standards. On August 23, 2011, EPA proposed a comprehensive set of updates to these rules, including new NSPS and MACT standards. On August 16, 2012, EPA issued final rules covering NSPS, MACT, and residual risk for the oil and gas sector. | |
WildEarth Guardians v. Jackson (ozone) | EPA | SIP submissions for 1997 8-hour ozone and PM 2.5 NAAQS by CA, CO, ID, NM, ND, OK, and OR | EPA agreed to decide, for each state, whether to approve or deny SIPs for the 1997 8-hour ozone and PM 2.5 NAAQS, or whether to instead force the states to comply with a federal implementation plan. | |
WildEarth Guardians v. Jackson (PM 2.5 ) | EPA | SIP submissions for 2006 PM 2.5 MAAQS infrastructure by 20 states | EPA agreed to sign a final action to approve or disapprove the 2006 PM 2.5 NAAQS infrastructure SIPs for AL, CT, FL, MS, NC, TN, IN, ME, OH, NM, DE, KY,NV, AR, NH, SC, MA, AZ, GA, and WV. | |
WildEarth Guardians v. Jackson (CO, WY, MT, and ND SIPs) | EPA | CO, WY, MT, and ND SIP submissions for Regional Haze and excess emissions standards | EPA agreed to decide for each state whether to approve or deny the SIP submissions. | |
WildEarth Guardians v. Jackson (Utah breakdown provision) | EPA | Utah SIP revision regarding breakdown provision | EPA agreed to take a final action regarding the "Utah breakdown provision," which allows sources to exceed their permitted air pollution limits during periods of "unavoidable breakdown." In April 2011, EPA found the breakdown provision inadequate and called on the state to revise its SIP. | |
WildEarth Guardians v. Jackson (Utah SIP) | EPA | Utah SIP submissions for Regional Haze and PM 10 NAAQS | EPA agreed to sign a final action approving or disapproving, in whole or in part, Utah's request to redesignate Salt Lake City's attainment status for PM 10 NAAQS. EPA also agreed to take final action on Utah's Regional Haze submission. | |
WildEarth Guardians v. Jackson, et al. (Utah Salt Lake and Davis Counties SIP) | EPA | Deadline for action on Utah SIP for 1997 NAAQS for ozone regarding Salt Lake and Davis Counties | EPA agreed to sign a notice of final action regarding Utah�s proposed SIP revision for maintenance of the 1997 8-hour NAAQS for ozone in Salt Lake and Davis Counties. | |
WildEarth Guardians v. Kempthorne | Department of Interior | Critical habitat designation for the Chiricahua leopard frog | DOI under the Bush administration listed the leopard frog as threatened under the ESA but declined to designate a critical habitat because doing so would not be "prudent," as is permitted by the ESA. WildEarth Guardians sued to challenge this decision, and the Obama administration�s DOI settled the case. The terms of the settlement provided that DOI would reconsider its prudency determination. On March 20, 2012, DOI finalized a rule that reversed its prudency decision and designated approximately 10,346 acres as critical habitat for the Chiracahua leopard frog. | |
WildEarth Guardians v. Locke | Department of Commerce | Alleged failure by National Marine Fisheries Service (NMFS) to set Endangered Species Act protections for sperm whales, fin whales, and sei whales | NMFS agreed to issue recovery plans for sperm whales, fin whales, and sei whales by the end of 2011. | |
WildEarth Guardians v. Salazar (674 species) | Department of Interior | DOI non-action on plaintiff's petitions to list 674 plant and animal species as threatened under the Endangered Species Act | DOI agreed to issue decisions on hundreds of species for which no finding had already been made. | |
WildEarth Guardians v. Salazar Feb 2010 | Department of Interior | DOI non-action on petition to list the Wright�s marsh thistle as endangered or threatened under the Endangered Species Act | DOI agreed to issue a decision on whether to list the the Wright's marsh thistle. FWS listed the Wright's marsh thistle as endangered or threatened on November 4, 2010 (it was a 12-month petition finding). |