Sierra Club v. Gorsuch

MEMORANDUM OF DECISION

SWEIGERT, District Judge.

This is a civil action under the Clean Air Act (“Act”), 42 U.S.C. § 7401 et seq. Plaintiffs Sierra Club, an environmental organization, and two individuals, bring this action pursuant to the citizens’ suit provision of the Act (42 U.S.C. § 7604), alleging that the Environmental Protection Agency (“EPA” or “Agency”) has failed to perform its duty under the Act with respect to establishing national emission standards for radionuclides — a hazardous air pollutant. Plaintiffs seek declaratory and injunctive relief. 1

Section 7412(b)(1)(A) and (B) of…