Chicago Ass'n of Commerce & Industry v. United States Environmental Protection Agency

CUDAHY, Circuit Judge.

In this case we confront the consequences of an egregious failure on the part of the United States Environmental Protection Agency (the “EPA” or the “Agency”) to perform what the Agency itself admits to be its nondiscretionary duty. However, because this is not a suit to compel the EPA to perform that duty, we affirm the district court’s dismissal and deny the Chicago Association of Commerce and Industry’s (“CACI’s”) petition for review.

I

A

Behind this case lies a prolonged history of foot-dragging on the part of the EPA in the face of ever-clearer mandates from Congress…