COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF INTRODUCTION
This is a suit to compel the Administrator of the U.S. Environmental Protection Agency (“Administrator” or “EPA”), to take action mandated by the Clean Air Act, 42 U.S.C. §§ 7401
(“the Act”) to protect human health from sulfur dioxide (SO
) air pollution in communities throughout the nation. On June 2, 2010, EPA promulgated a strengthened National Ambient Air Quality Standard (NAAQS) for SO
to protect people nationwide from serious harms due to
pollution, including breathing impairment, emergency room visits, lost work days, and other injuries. 75 Fed. Reg. 35,520 (June 22, 2010) (“June 2010 SO
NAAQS”, “revised SO
NAAQS”, or “standard”). The Act expressly required EPA to promulgate and publish, not later than June 2, 2013, designations identifying all areas of the nation violating the revised SO
standard, as well as all areas where the standard is met, and all areas where information is inadequate to make a designation. 42 U.S.C. §7407(d)(1)(B)(i). EPA has failed to complete the required designations, thereby violating its nondiscretionary duties under the Act and delaying health and welfare protections to which Plaintiffs’ members are entitled.
JURISDICTION, NOTICE, VENUE, AND INTRADISTRICT ASSIGNMENT
The instant action arises under the Clean Air Act, 42 U.S.C. §§ 7401
. This Court has jurisdiction over Plaintiffs’ claims pursuant to 42 U.S.C. § 7604(a) and 28 U.S.C. §§ 1331 1361. The relief requested by Plaintiffs is authorized pursuant to 42 U.S.C. § 7604 and 28 U.S.C. §§ 2201, 2202, and 1361. 3.
By certified letters posted on June 4, 2013, and June 25, 2013, Plaintiffs Sierra Club and Natural Resources Defense Council (NRDC) provided the Administrator with written notice,
in the form and manner required by 42 U.S.C. § 7604(b), and 40 C.F.R. §§ 54.2, 54.3, of the Administrator’s failure to perform nondiscretionary duties under the Act as complained of herein and their intent to commence this action. More than 60 days have elapsed since Sierra Club and NRDC gave such notice, and the Administrator has continued her failure to perform such nondiscretionary duties.
Case3:13-cv-03953-SI Document1 Filed08/26/13 Page2 of 11