North Dakota v. Pruitt

The Ninth Circuit affirmed the district court's approval of a consent decree between the EPA and the Sierra Club that set a schedule for the EPA to promulgate designations whether geographic areas met national ambient air quality standards for sulfur dioxide under the Clean Air Act (CAA), 42 U.S.C. 7401. The panel rejected the States' objections to the consent decree, holding that as long as the EPA sticks to the schedule in the consent decree, the Sierra Club will not advance its lawsuit against the EPA. Therefore, the consent decree did not prohibit the EPA from promulgating designations prior to those deadlines, nor did it otherwise constrain the agency's discretion. The panel explained that, because the consent decree did not bind the States to do nor not to do anything, imposed no legal duties or obligations on them at all, and did not purport to resolve any claims they might have, the States could not block the consent decree by merely withholding their consent. View "North Dakota v. Pruitt" on Justia Law