SIERRA CLUB v. MCCARTHY, No. 1:2016cv02461 - Document 25 (D.D.C. 2018)

Court Description: MEMORANDUM OPINION in support of Order 24 dismissing Plaintiff's claims for violations of 42 U.S.C. § 7429(b)(3) for lack of subject matter jurisdiction; granting in part and denying in part Plaintiff's 12 Motion for Summary Judgment; granting in part and denying in part Defendant's 13 Motion for Summary Judgment; and denying Plaintiff's 18 Motion for Leave to File a Surreply. See Opinion for details. Signed by Judge Timothy J. Kelly on 9/14/2018. (lctjk3)
Download PDF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Plaintiff Defendant MEMORANDUM OPINION SIERRA CLUB v. MCCARTHY Doc. 25 id. id. Background A. Statutory Background et seq. Id. Blue Ridge Envtl. Def. League v. Pruitt Cal. Cmtys. Against Toxics v. Pruitt Nat. Res. Def. Council (“NRDC”) v. EPA Id. Id. Id. also id. Miss. Comm’n on Envtl. Quality v. EPA EPA v. EME Homer City Generation, L.P. see See id. Id. Id. B. Factual Background See See 1. CISWI Standards see also See 2. OSWI Standards See C. Procedural Background See See Id. See Action Deadline for Proposed Action Deadline for Final Action See id. Id. Id. Id. Id. Id. See Cmty. In-Power & Dev. Ass’n, Inc. v. Pruitt Action Deadline for Proposed Action Deadline for Final Action See See Legal Standard Kokkonen v. Guardian Life Ins. Co. of Am. Id. Arbaugh v. Y&H Corp. Lopez v. Council on Am.Islamic Relations Action Network, Inc. Id. Holcomb v. Powell some genuine material Id. Anderson v. Liberty Lobby, Inc. Montgomery v. Risen Id. Analysis A. Whether Section 129(b)(3) Imposes a Nondiscretionary Two-Year Deadline for EPA’s Federal Implementation Plans, Thereby Providing this Court Subject Matter Jurisdiction United States v. Mitchell Friends of the Earth v. EPA Defs. of Wildlife v. Jackson Sierra Club v. EPA aff’d in part, appeal dismissed in part all Thomas See, e.g. Lane v. Pena Friends of the Earth Sierra Club v. Thomas superseded by statute on other grounds as recognized in Mexichem Specialty Resins, Inc. v. EPA Defs. of Wildlife Raymond Proffitt Found. v. EPA City of Dover v. EPA Thomas reconsidered in part on other grounds Thomas within 2 years after the date on which the Administrator promulgated the relevant guidelines See See See id. does Barnhart v. Sigmon Coal Co. United States v. Pritchett United States ex rel. Santarelli v. Hughes Barnhart v. Thomas Thomas Hays v. Sebelius Barnhart and enforce Id. would United States ex rel. Totten v. Bombardier Corp. See but not later than 5 years after the guidelines were promulgated Chevron See, e.g. Chevron Chevron Chevron and with the intent to act with the force of law Amgen Inc. v. Hargan Safari Club Int’l v. Zinke Citizens Exposing Truth About Casinos v. Kempthorne Chevron Id See Kempthorne Chevron Chevron Bellino v. JPMorgan Chase Bank, N.A. Epic Sys. Corp. v. Lewis See See Chevron U.S.A. Inc. v. NRDC Defs. of Wildlife B. EPA’s Compliance Deadline for Reviewing and Revising its 2005 OSWI Standards See id. . Crummey v. Soc. Sec. Admin. aff’d Chamber of Commerce of U.S. v. Reich Id. pursuant All. to Save Mattaponi v. U.S. Army Corps of Eng’rs Friends of the Earth Cmty. InPower & Dev. Ass’n, Inc. v. Pruitt Blue Ridge Envtl. Def. League v. Pruitt NRDC v. Train Id. Train Cmty. In-Power Ala. Power Co. v. Costle Sierra Club v. Johnson Sierra Club v. Thomas Id. Train Cmty. In-Power Train See See See, e.g. Cmty. In-Power Ridge Envtl Blue Cal. Cmtys. See See See Sierra Club Cmty. InPower Sierra Club v. McCarthy Community InPower Blue Ridge Envtl. Cmty. In-Power Conclusion