State of North Dakota v. Regina McCarthy

Dissent by Judge WALLACE

OPINION

McKEOWN, Circuit Judge:

Under the Clean Air Act (“the Act”), the Environmental Protection Agency (“EPA”) must establish and periodically revise national ambient air quality standards (“NAAQS”). After NAAQS are promulgated, the agency designates whether geographic areas meet those NAAQS. At issue in this appeal are the NAAQS designations for sulfur dioxide, a pollutant that causes environmental harm and health risks. When the EPA missed the statutory deadline to' issue its designations, the Sierra Club sued to force agency action. The EPA and the Sierra Club…