Sierra Club v. McCarthy
238 F. Supp. 3d 87
| D.D.C. | 2017Background
- Sierra Club filed petitions asking EPA to object to two Title V permits for Duke Energy coal-fired plants in North Carolina after EPA’s initial 45-day review periods lapsed.
- Petitions (Asheville and Roxboro) were filed June 17 and June 23, 2016, alleging permits failed to ensure compliance with applicable Clean Air Act requirements.
- The Clean Air Act requires the Administrator to grant or deny such petitions within 60 days. EPA did not respond within 60 days to either petition.
- Sierra Club notified EPA of intent to sue and then filed this citizen suit in November 2016 to compel EPA’s response.
- EPA conceded liability for failing to meet the statutory 60-day deadline but asked the court to allow until June 30, 2017 to respond; Sierra Club sought a 30-day court-ordered deadline.
- The court found EPA violated its nondiscretionary duty but, based on an EPA affidavit showing need for more time, ordered EPA to respond by June 30, 2017 while encouraging earlier action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether EPA failed to perform nondiscretionary duty to grant or deny Title V petitions within 60 days | Sierra Club: EPA must grant or deny within statutorily required 60 days; failure permits judicial relief | EPA: Admits failure (concedes liability) | Court: EPA violated Clean Air Act by missing the 60-day deadline |
| Appropriate judicial remedy / deadline for EPA response | Sierra Club: Order EPA to respond within 30 days of the court’s ruling | EPA: Request until June 30, 2017, supported by affidavit showing need for time to prepare response | Court: Accepted EPA’s June 30, 2017 deadline as reasonable given affidavit; directed EPA to act sooner if possible |
Key Cases Cited
- Sierra Club v. Johnson, 444 F. Supp. 2d 46 (D.D.C. 2006) (district court may compel EPA to perform nondiscretionary duties but can grant additional time when agency shows diligence)
- Nat. Res. Def. Council v. Train, 510 F.2d 692 (2d Cir. 1974) (courts may afford agencies additional time where officials show they acted in good faith with utmost diligence)