Sierra Club v. Anne M. Gorsuch, Administrator, Environmental Protection Agency, American Mining Congress, Intervenors

BAZELON, Senior Circuit Judge:

Petitioner, Sierra Club, challenges the failure of the Environmental Protection Agency (EPA) to place strip mines on the list of pollutant sources subject to fugitive emissions regulations. EPA maintains that no decision has been made whether to include strip mines on the list and that the issue is still under study. EPA argues that until such decision is made, jurisdiction to review the dispute is lacking.1 We find that jurisdiction does exist, but that the record is inadequate for our review. We therefore remand to the agency for supplementation of the record.

Ba…