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Sierra Club NRDC Complaint 8/26/13 ND Cal

Sierra Club NRDC Complaint 8/26/13 ND Cal

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Published by freedom1001
Sierra Club NRDC Complaint 8/26/13 ND Cal
Sierra Club NRDC Complaint 8/26/13 ND Cal

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Published by: freedom1001 on Jun 07, 2014
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10/27/2014

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COMPLAINT
 1 12345678910111213141516171819202122232425262728PAUL R. CORT, State Bar No. 184336 Earthjustice 50 California Street San Francisco, CA 94111  pcort@earthjustice.org Tel: 415-217-2000/Fax: 415-217-2040 Attorney for Plaintiffs Sierra Club and Natural Resources Defense Council ZACHARY M. FABISH, State Bar No. 247535 The Sierra Club 50 F Street, NW - 8th Floor Washington, DC 20001 zachary.fabish@sierraclub.org Tel: 202-675-7917/Fax: 202-547-6009 Attorney for Plaintiff Sierra Club
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO/OAKLAND DIVISION
SIERRA CLUB and NATURAL RESOURCES DEFENSE COUNCIL Plaintiffs, v. REGINA MCCARTHY, in her official capacity as Administrator of the United States Environmental Protection Agency, Defendant. )) ) ) ) ) ) ) ) ) ) ) ) ) ) )Case No: 3:13-cv-03953
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
(Clean Air Act, 42 U.S.C. §§ 7401
et seq
.)
Case3:13-cv-03953-SI Document1 Filed08/26/13 Page1 of 11
 
 
COMPLAINT
 2 12345678910111213141516171819202122232425262728
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF INTRODUCTION
1.
 
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
et seq.
 (“the Act”) to protect human health from sulfur dioxide (SO
2
) air pollution in communities throughout the nation. On June 2, 2010, EPA promulgated a strengthened National Ambient Air Quality Standard (NAAQS) for SO
2
to protect people nationwide from serious harms due to
 
SO
2
 pollution, including breathing impairment, emergency room visits, lost work days, and other injuries. 75 Fed. Reg. 35,520 (June 22, 2010) (“June 2010 SO
2
 NAAQS”, “revised SO
2
  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
2
 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
2.
 
The instant action arises under the Clean Air Act, 42 U.S.C. §§ 7401
et seq
. 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
 
 
COMPLAINT
 3 123456789101112131415161718192021222324252627284.
 
Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(e) because: a) Plaintiff Sierra Club resides in this district; b) this district is one in which Defendant EPA resides and performs its official duties; and c) a substantial part of the events and omissions giving rise to this claim has occurred and is occurring in this district because EPA’s failure to act as complained of herein threatens the health and welfare of district residents, including members of Sierra Club and  NRDC (as further detailed herein), and EPA’s Regional Office in San Francisco, California, has a substantial role in implementing the EPA duties at issue in this case. 5.
 
Pursuant to Civil L.R. 3-2(c), (d), this case is properly assigned to the San Francisco or Oakland Division of this Court because Plaintiff Sierra Club and Defendant EPA both reside in San Francisco, California.
PARTIES
6.
 
Plaintiff Sierra Club is a national nonprofit conservation organization existing under the laws of the State of California and headquartered in San Francisco, California. Formed in 1892, Sierra Club’s mission is to explore, enjoy, and protect the wild places of the Earth, to practice and  promote the responsible use of the Earth’s resources and ecosystems, to educate and enlist humanity to protect and restore the quality of the natural and human environment, and to use all lawful means to carry out those objectives. Sierra Club has been heavily involved in advocacy for effective implementation of the revised SO
2
 NAAQS. This advocacy has included Sierra Club’s participation in EPA stakeholder meetings, analyses of dozens of major sources of SO
2
 across the country to ascertain the impact of those sources on attainment of the NAAQS, submitting comments to federal and state agencies, and working to educate its members and the public about the scope and significance of SO
2
 pollution and the NAAQS’s implementation. 7.
 
Plaintiff Natural Resources Defense Council (NRDC), a corporation organized and existing under the laws of the State of New York, is a national nonprofit organization whose purpose includes safeguarding the Earth, its people, flora, fauna and natural ecosystems, and restoring the integrity of the elements that sustain life – air, land and water. NRDC is headquartered in New York, New York, and has long maintained an office in San Francisco, California.
Case3:13-cv-03953-SI Document1 Filed08/26/13 Page3 of 11

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