Court to Rule on EPA Effort to Dismiss Suit over Boiler MACT Stay

Date: September 15, 2011

Source: News Room

A federal district court is expected to decide whether to dismiss a lawsuit filed by activists challenging EPA's decision to stay its contested air rules for boilers. In its lawsuit "Sierra Club v. EPA" filed in the U.S. District Court for the District of Columbia, Sierra Club wants the court to strike down EPA's stay of the boiler maximum achievable control technology (MACT) rule and a related emissions rule for commercial and industrial solid waste incinerators (CISWI). EPA stayed the rules to reconsider them and address industry claims that the rules are flawed and unachievable. Sierra Club argues that EPA lacks authority for the indefinite stay under the Clean Air Act because section 307(b) of the law limits stays to three months, and that the stay violates the Administrative Procedure Act (APA) because EPA did not seek notice and comment on the stay before issuing it earlier this year after finalizing the air rules. EPA is asking the court to dismiss the suit, which it argues isbeing handled in the wrong court and should instead be filed in the U.S. Court of Appeals for the District of Columbia which has jurisdiction over challenges to agency regulations. Regardless, EPA argues the stay is valid because the APA gives it "broad discretion" for doing so.

See also:
"EPA Says it Has Broad Discretion to Delay Boiler MACT," (www.wasteinfo.com/news/wbj20110907H.htm).

"Court Denies EPA Bid to Delay Activist Lawsuit Over Boiler MACT," (www.wasteinfo.com/news/wbj20110823E.htm).

"Activists Urge Court to Force EPA to Implement Boiler MACT," (www.wasteinfo.com/news/wbj20110816A.htm).

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