Sierra Club v. Wheeler, No. 18-5328 (D.C. Cir. 2020)Annotate this Case
After the EPA issued guidelines for two categories of solid waste incinerator over two years ago, the Administrator has not imposed a federal plan on noncompliant States. Sierra Club filed suit under the Clean Air Act's (CAA) citizen-suit provision seeking to compel the Administrator's action. The district court dismissed the claim based on lack of subject matter jurisdiction.
The DC Circuit affirmed, holding that the district court lacked subject matter jurisdiction under the CAA because the duty in question failed to qualify for section 304's conditional waiver of sovereign immunity. In the alternative, the court held that the district court lacked jurisdiction under the Administrative Procedure Act (APA), because the APA contains a carve-out that prevents a plaintiff from using its general sovereign immunity waiver to evade limitations contained in other statutes like the CAA.