RECENT FEDERAL DECISIONS

March 2005

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District Court Finds U.S. Environmental Protection Agency in Violation of Clean Air Act
Sierra Club v. Michael O. Leavitt, Administrator, U.S. EPA, ___F.Supp.2d___

On February 9,2005, the District Court of Columbia ruled that the Sierra Club has standing to compel the U.S. Environmental Protection Agency (EPA) to issue mobile air toxics regulations for automotive and automotive fuel emission sources. Plaintiff, the Sierra Club, filed suit against defendant EPA because the government was obligated under the 1990 Clean Air Act (CAA) Amendments, § 202(1) to complete a feasibility study of mobile source air toxic regulations.