Sierra Club v. Environmental Protection Agency
699 F.3d 530
D.C. Cir.2012Background
- EPA issued the Determination (Mar. 21, 2011) claiming it had met the §112(c)(6) duties.
- Sierra Club challenges the Determination as unreasonable and unlawful.
- §112(c)(6) requires listing sources by 1995 and standards by 2000 for seven HAPs; EPA’s actions extended beyond the deadline.
- EPA’s 1998 listing and subsequent emissions standards continued past the deadline, prompting district-court proceedings.
- The district court ordered EPA to comply by Feb. 21, 2011; EPA issued the Determination to close the matter.
- The court vacates the Determination as a legislative rulemaking that required notice-and-comment under the APA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Determination is a legislative rule subject to APA §553. | Sierra Club argues the Determination makes new policy and thus requires notice and comment. | EPA contends the Determination is not a legislative rule. | Yes; it is a legislative rule requiring notice-and-comment. |
| Whether Sierra Club has standing to challenge the Determination. | Sierra Club asserts injury from exposure to §112(c)(6) HAPs and redressability via vacatur. | EPA argues lack of proof that challenged standards would be more stringent. | Sierra Club has standing; injury and redressability shown. |
| Whether the Determination is a final agency action for §307 review. | Determination final and reviewable; vacatur would affect ongoing obligations. | Unclear finality given EPA could revisit actions on remand. | Yes, final action; reviewable under §307. |
| Whether remand for notice-and-comment is appropriate remedy. | Remand allows full record development and accurate review. | Remand may delay resolution and EPA may abandon rulemaking. | Vacate and remand to comply with APA §553. |
Key Cases Cited
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (standing injury-in-fact, causation, redressability)
- Bennett v. Spear, 520 U.S. 154 (1997) (finality and agency action standards)
- Nat’l Env’l Dev. Ass’n’s Clean Air Proj. v. EPA, 686 F.3d 803 (D.C. Cir. 2012) (finality/final rule and reviewability in Clean Air Act context)
- Nat’l Ass’n of Home Builders v. Norton, 415 F.3d 8 (D.C. Cir. 2005) (finality and scope of §112 obligations; standing related)
- Independent Equipment Dealers Ass’n v. EPA, 372 F.3d 420 (D.C. Cir. 2004) (whether agency communication constitutes legislative rulemaking)