Wildearth Guardians v. Gina McCarthy

OPINION

WATFORD, Circuit Judge:

Plaintiffs WildEarth Guardians, Midwest Environmental Defense Center, and Sierra Club are organizations dedicated to environmental conservation. They believe the Environmental Protection Agency (EPA) has been derelict in its duty to protect the nation’s air from ground-level ozone pollution. They sued the EPA’s Administrator in federal district court, seeking an order that would force the Administrator to issue revised regulations governing ozone pollution.

Plaintiffs invoked the Clean Air Act’s citizen-suit provision, 42 U.S.C. § 7604, as the sole basis for…