Environmental Defense Fund v. Thomas

WINTER, Circuit Judge:

This appeal involves the Clean Air Act, 42 U.S.C. §§ 7401 et seq. (1982 and Supp. IV 1986) (“the Act”), and in particular its bifurcated jurisdictional scheme for judicial review of decisionmaking by the Environmental Protection Agency (“EPA”). The Act provides that suits to compel the Administrator to perform non-discretionary duties may be brought only in district courts, while petitions seeking review of the Administrator’s discretionary actions must be brought in the Court of Appeals for the District of Columbia. See, e.g., Citizens for a Better Env’t v. Costle, 515…